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BOOK-OF-THE-MONTH CLUB v. CHILDRENS BOOK & RECORD

112 F.Supp. 151 (1953)

BOOK-OF-THE-MONTH CLUB, Inc. v. CHILDRENS BOOK & RECORD OF THE MONTH CLUB, Inc.

United States District Court S. D. New York.

May 4, 1953.

Attorney(s) appearing for the Case

Nims, Martin, Halliday, Whitman & Williamson, New York City, Wallace H. Martin, George M. Wolfson and Mansfield C. Fuldner, New York City, of counsel, for plaintiff.

Joseph Dean Edwards, New York City, for defendant.

EDELSTEIN, District Judge.

The Book-of-the-Month Club, Inc., has brought an action against the Childrens Book and Record of the Month Club, Inc., alleging trade-mark infringement, unlawful use of a trade or commercial name and acts of unfair competition by defendant. The complaint seeks, in addition to an accounting and damages, injunctive relief against the defendant's use of its corporate and club name or of any other name confusingly similar to the corporate and...

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