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HYGIENIC SPECIALTIES CO. v. SALZMAN, INC.

No. 249, Docket 27191.

302 F.2d 614 (1962)

HYGIENIC SPECIALTIES CO., Plaintiff-Appellee, v. H. G. SALZMAN, INC., Hutzler Mfg. Co., and C. B. Cotton & Co., Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided April 2, 1962.

Attorney(s) appearing for the Case

Joseph M. Fitzpatrick, New York City (Ward, Neal, Haselton, Orme & McElhannon, New York City, Joseph M. Fitzpatrick, John Thomas Cella, Alfred L. Haffner, Jr., New York City, on the brief), for appellants.

Harry Price, New York City, for appellee.

Before LUMBARD, Chief Judge, and KAUFMAN and MARSHALL, Circuit Judges.

KAUFMAN, Circuit Judge.

Hygienic Specialties, Inc. (Hygienic) brought suit against H. G. Salzman, Inc. (Salzman), Hutzler Mfg. Co. (Hutzler), and C. B. Cotton & Co., Inc. (Cotton), for alleged infringement of its design patent on a soap dish and infringement of the trademark "Hygienic." The complaint also alleged that Salzman and Hutzler had engaged in unfair competition.1 The issues of design patent validity and infringement were...

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