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ADMIRAL CORP. v. PENCO, INC.

No. 173, Docket 22540.

203 F.2d 517 (1953)

ADMIRAL CORP. v. PENCO, Inc.

United States Court of Appeals Second Circuit.

Decided April 1, 1953.

Attorney(s) appearing for the Case

Gerrit P. Groen, Chicago, Ill. (James R. Oberly, Chicago, Ill., and Charles Shepard, Rochester, N. Y., on the brief), for plaintiff-appellant.

A. D. Caesar, Philadelphia, Pa. (Max R. Millman, Philadelphia, Pa., and Marvin L. Falk, Rochester, N. Y., on the brief), for defendant-appellant.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

In this action plaintiff accused the defendant of trade-mark infringement and unfair competition in the defendant's use of the word "Admiral" on its products. Plaintiff, upon institution of suit, sought a preliminary injunction, which Judge Burke granted to the extent of requiring defendant to disclaim any connection between its goods and plaintiff and to take other steps to guard against deception of customers. Admiral Corp. v. Penco, Inc.,...

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