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BEST & CO. v. MILLER

No. 83, Docket 20758.

167 F.2d 374 (1948)

BEST & CO., Inc. v. MILLER.

Circuit Court of Appeals, Second Circuit.

April 2, 1948.

Attorney(s) appearing for the Case

Strauss, Reich & Boyer, of New York City (Joseph M. Proskauer and Harold H. Levin, both of New York City, of counsel), for plaintiff-appellant.

Levien, Singer & Neuburger, of New York City (Stuart H. Steinbrink, J. Lincoln Morris and Ralph B. Neuburger, all of New York City, of counsel), for defendant-appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

Best & Co., a New York corporation and owner of the trade-mark "Liliputian Bazaar" registered in 1915 under the Trade-Mark Act of 1905, 33 Stat. 724, 15 U.S.C.A. § 81 et seq., brought suit against Sadie S. Miller, doing business in Stamford, Connecticut, under the name and style of "Miller's Lilliputian Shoppe." Charging both trade-mark infringement and unfair competition, the plaintiff sought an injunction against use by the defendant...

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