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BROWNING KING CO. OF NEW YORK v. BROWNING KING CO.

Nos. 9779, 9780.

176 F.2d 105 (1949)

BROWNING KING CO. OF NEW YORK, Inc., v. BROWNING KING CO., Inc., et al.

United States Court of Appeals Third Circuit.

Decided July 12, 1949.

Rehearing Denied August 5, 1949.

Attorney(s) appearing for the Case

Abraham L. Freedman, Philadelphia, Pa. (Bernard Eskin, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., George Trosk, New York City, on the brief), for Browning King Co. of N. Y., Inc.

Frank Fogel, Philadelphia, Pa. (Caesar & Rivise and Frank Fogel, A. D. Caesar, C. W. Rivise, Philadelphia, Pa., on the brief), for Browning King Co., Inc., and others.

Before MARIS, GOODRICH and KALODNER, Circuit Judges.

GOODRICH, Circuit Judge.

This is an action for common law trade name and trade mark infringement and unfair competition. The plaintiff, a New York corporation with stores located in New York and New Jersey, seeks to enjoin the defendants, a Pennsylvania corporation with stores in Pennsylvania and Florida, and the corporation's principal shareholders and officers from using the name "Browning King" and certain trade marks associated with that name. It asks also that...

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