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ALUMINUM FAB. CO. OF PITTSBURGH v. SEASON-ALL W. CORP.

No. 365, Docket 25065.

259 F.2d 314 (1958)

ALUMINUM FABRICATING COMPANY OF PITTSBURGH and Season-All Sales Corp., Plaintiffs-Appellees, v. SEASON-ALL WINDOW CORP., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided September 25, 1958.

Attorney(s) appearing for the Case

Armand E. Lackenbach, New York City (Burton Perlman, New York City, on the brief), for plaintiffs-appellees.

Edward Halle, New York City (Walter J. Derenberg and Halle & Halle, New York City, on the brief), for defendant-appellant.

Before CLARK, Chief Judge, LUMBARD and WATERMAN, Circuit Judges.

LUMBARD, Circuit Judge.

Season-All Window Corporation appeals from a judgment of Judge Cashin holding Aluminum Fabricating Company's registered trademark "Season-all" valid and infringed, refusing cancellation, and enjoining defendant's use of the trademark in all respects including use in its corporate name. Season-All contends that the trademark is invalid as merely descriptive and that a prior use of the trademark by one not a party to the action precludes injunctive...

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