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FAMILY CIRCLE, INC. v. FAMILY CIRCLE ASSOCIATES, INC.

Civ. No. 985-61.

205 F.Supp. 940 (1962)

FAMILY CIRCLE, INC., Plaintiff, v. FAMILY CIRCLE ASSOCIATES, INC., et al., Defendants.

United States District Court D. New Jersey.

June 7, 1962.

Attorney(s) appearing for the Case

Gordon A. Philips, Trenton, N. J., for plaintiff; A. Yates Dowell, Washington, D. C. and William R. Carter, New York City, of counsel.

Norman N. Popper, Newark, N. J., for defendants.

LANE, District Judge.

Plaintiff, charging defendants with infringement of its trade-mark, "Family Circle," seeks to enjoin defendants from the use thereof. Defendants counterclaim, demanding cancellation of plaintiff's registration, No. 617,878, which covers the trade-mark, "Family Circle." The nub of defendants' contention is that when plaintiff submitted the affidavit showing the words "Everywoman's Family Circle," it falsely purported to

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