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DELL PUB. CO. v. STANLEY PUB.

9 N.Y.2d 126 (1961)

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

Court of Appeals of the State of New York.

Decided January 19, 1961.

Attorney(s) appearing for the Case

Milton Handler, Sidney A. Diamond and Cecelia H. Goetz for appellant.

Benjamin E. Winston and Eli D. Schoenfield for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and FOSTER concur.

BURKE, J.

Appellant (Dell Publishing Company, Inc.), the publisher of a magazine entitled "MODERN ROMANCES", on this appeal seeks to reinstate an injunction which was set aside by the Appellate Division in an action to restrain respondent (Stanley Publications, Inc.) from using the word "modern" in respondent's magazine title (hereinafter designated "Modern/CONFESSIONS"), alleging trade-mark infringement...

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