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BROWN & BIGELOW v. REMEMBRANCE ADV. PRODS.

279 A.D. 410 (1952)

Brown & Bigelow, Appellant, v. Remembrance Advertising Products, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 26, 1952.

Attorney(s) appearing for the Case

Clifton Cooper of counsel (Alexander, Cooper, Maltitz, Derenberg & Daniels, attorneys), for appellant.

Sydney D. Robins, attorney (Jacob Goodman, with him on the brief), for respondents.

PECK, P. J., GLENNON and VAN VOORHIS, JJ., concur; CALLAHAN, J., dissents and votes to affirm.

SHIENTAG, J.

Plaintiff appeals from a judgment for defendants, dismissing the complaint on the merits, after a trial before an Official Referee. The action is one for infringement of a trade-mark registered under the Federal statutes, and also for unfair competition in connection therewith.

Plaintiff has been engaged in the business of advertising the products of other concerns and individuals by the sale...

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