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DELL PUB. CO. v. STANLEY PUB.

11 A.D.2d 112 (1960)

Dell Publishing Company, Inc., Respondent, v. Stanley Publications, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 28, 1960.

Attorney(s) appearing for the Case

Benjamin E. Winston of counsel (Eli D. Schoenfield with him on the brief; Benjamin E. Winston, attorney), for appellant.

Milton Handler of counsel (Sidney A. Diamond and Cecelia H. Goetz with him on the brief; Kaye, Scholer, Fierman, Hays & Handler, attorneys), for respondent.

STEVENS and BASTOW, JJ., concur with VALENTE, J.; RABIN, J. P., and McNALLY, J., dissent and vote to affirm in dissenting opinion by McNALLY, J.

VALENTE, J.

Defendant appeals from a judgment enjoining it from using the word "Modern" in the title of a magazine "Modern Confessions", published by defendant in the "romance" or "confession" field. The judgment is predicated on the conclusion that the defendant's use of the title "Modern Confessions" constitutes unfair competition.

Plaintiff is engaged in the publication of magazines, comic books, children...

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