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L'AIGLON APPAREL v. LANA LOBELL, INC.

No. 11241.

214 F.2d 649 (1954)

L'AIGLON APPAREL, Inc. v. LANA LOBELL, Inc.

United States Court of Appeals Third Circuit.

Decided July 2, 1954.

Attorney(s) appearing for the Case

Earl G. Harrison (Robert J. Callaghan, Philadelphia, Pa., Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., on the brief), for appellant.

Arthur Markowitz, York, Pa. (Richard V. Zug, Edmonds, Obermayer & Rebmann, Philadelphia, Pa., Markowitz, Livgrant & Boyle, York, Pa., on the brief), for appellee.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

Plaintiff, a manufacturer, and defendant, a retailer, are both members of the dress industry, selling dresses in commerce. Each is incorporated in Pennsylvania. Alleging a fraudulent and injurious use of a picture of plaintiff's dress in defendant's advertising, the plaintiff brought this action under the Lanham Trade-Mark Act of 19461 for damages and injunctive relief. Defendant moved to dismiss the complaint on...

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