AVEDIS ZILDJIAN CO. v. FRED GRETSCH MFG. CO.

No. 96, Docket 24589.

251 F.2d 530 (1958)

AVEDIS ZILDJIAN CO., Plaintiff-Appellant, v. The FRED GRETSCH MFG. CO., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 17, 1958.


Attorney(s) appearing for the Case

Harold E. Cole, Boston, Mass. (I. Walton Bader, New York City, on the brief), for plaintiff-appellant.

Leo C. Krazinski, New York City, for defendant-appellee.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and SMITH, District Judge.


CLARK, Chief Judge.

Plaintiff brought this action under 15 U.S.C. § 1071 and 35 U.S.C. §§ 145, 146 to cancel defendant's trade-mark registrations. Defendant counterclaimed seeking injunctive relief and damages. The complaint and counterclaims were dismissed and both parties appeal.

The parties distribute cymbals. Plaintiff manufactures its cymbals in the United States, while defendant is the exclusive American distributor of cymbals manufactured...

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