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ATLANTIC MONTHLY CO. v. FREDERICK UNGAR PUBLISHING CO.

185 F.Supp. 221 (1960)

ATLANTIC MONTHLY COMPANY, Plaintiff, v. FREDERICK UNGAR PUBLISHING CO., Inc., Defendant.

United States District Court S. D. New York.

July 15, 1960.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York, City, for plaintiff; Horace S. Manges, Jacob F. Raskin, Marshall C. Berger, New York City, of counsel.

Alfred A. Rosen, New York City, for defendant.

METZNER, District Justice.

Plaintiff moves for a temporary injunction alleging trademark infringement and unfair competition arising out of the defendant's use of the words "Atlantic Paperbacks". The plaintiff, Atlantic Monthly Company, and its predecessors have continuously published a magazine called "The Atlantic Monthly" since 1857. It registered the trademark "Atlantic Monthly" in the United States Patent Office in 1921 and renewed that registration in 1941....

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