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DONOVAN v. WILSON SPORTING GOODS CO.

No. 5725.

285 F.2d 714 (1961)

Thomas F. DONOVAN, Assignee, Intervenor, Appellant, v. WILSON SPORTING GOODS CO., Defendant, Appellee.

United States Court of Appeals First Circuit.

Rehearing Denied January 31, 1961.

Amended February 23, 1961.

Attorney(s) appearing for the Case

Harold E. Cole, Boston, Mass., for appellant.

Louis R. Simpson, Chicago, Ill., with whom William H. Taylor, Jr., Boston, Mass., R. Howard Goldsmith and Schneider, Dressler, Goldsmith & Clement, Chicago, Ill., on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is an action for "unfair competition and unfair conduct," involving the right to make commercial use of the names of prominent persons as against one to whom such persons have purported to grant exclusive use. The court dismissed the complaint, but on a narrow ground. Plaintiff Globe Sporting Goods Corporation, prior to making a general assignment for the benefit of its creditors to intervening plaintiff Donovan, was a manufacturer and...

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