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TRIUMPH HOSIERY MILLS, INC. v. TRIUMPH INTERNAT'L CORP.

No. 50, Docket 26926.

308 F.2d 196 (1962)

TRIUMPH HOSIERY MILLS, INC., Plaintiff-Appellee, v. TRIUMPH INTERNATIONAL CORPORATION and Triumph of Europe, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided September 17, 1962.

Attorney(s) appearing for the Case

Granville M. Brumbaugh, of Brumbaugh, Free, Graves & Donohue, New York City, for defendants-appellants.

Irving D. Lipkowitz, of Lipkowitz & Plaut, New York City, for plaintiff-appellee.

Before CLARK, HINCKS and FRIENDLY, Circuit Judges.

HINCKS, Circuit Judge.

Plaintiff-appellee, Triumph Hosiery Mills, Inc., is a New York corporation which manufactures women's stockings, marketed under the registered trademark "Triumph," and opera tights, leotards, women's underwear and outerwear and girdles none of which it marketed under the "Triumph" name but instead through Danskin, Inc., a wholly-owned subsidiary, which had registered its name "Danskin" as a trade-mark for use on opera tights, leotards and hose...

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