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ACADEMY AWARD PRODUCTS v. BULOVA WATCH COMPANY

No. 246, Docket 23647.

233 F.2d 449 (1956)

ACADEMY AWARD PRODUCTS, Inc., Plaintiff-Appellant, v. BULOVA WATCH COMPANY, Inc., Defendant-Appellee, and Elizabeth Stark and Esther Greenwald, as Executrices of the Estate of Max A. Schlesinger, Deceased, Defendants-Appellants, made parties to respond to the Counterclaim.

United States Court of Appeals Second Circuit.

Decided May 15, 1956.

Attorney(s) appearing for the Case

Louis Zimmerman, New York City (Ephraim Berliner, Selma M. Lobsenz, Joseph N. Friedman, New York City, of counsel), for appellants.

Byerly, Townsend & Watson, New York City (Ralph M. Watson, Charles M. Hussey, George Cohen, New York City, of counsel), for appellee.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

Plaintiff-appellant, Academy Award Products, Inc., sued defendant-appellee charging that it had infringed plaintiff-appellant's registered trade-mark "Academy Award" by advertising its watches in connection with the name "Academy Award." Defendant-appellee counterclaimed pursuant to 15 U.S.C.A. § 1120 for damages alleged to have been sustained in consequence of procurement of the trade-mark by a false and fraudulent

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