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DELL PUB. CO. v. STANLEY PUB.

18 Misc.2d 437 (1959)

Dell Publishing Company, Inc., Plaintiff, v. Stanley Publications, Inc., Defendant.

Supreme Court, Special and Trial Term, New York County.

May 21, 1959.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler for plaintiff.

Benjamin E. Winston for defendant.

HENRY EPSTEIN, J.

Plaintiff sues for trade-mark infringement and unfair competition. Since 1930 Dell Publishing Company, Inc., or its subsidiary (absorbed by Dell in 1932) has published a monthly magazine with a special leaning in its contents to confessions and romances. All the witnesses agree that in popular magazine publishing "romances" and "confessions" are synonymous. Plaintiff's copyright certificate dates from February, 1931. It is conceded that...

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