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SCHWARTZ v. HAMPTON

16 A.D.2d 915 (1962)

Sidney Schwartz, Doing Business under the Name of Glad Record Company, Appellant, v. Lionel Hampton et al., Individually and as Copartners, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 26, 1962

Judgment affirmed, with costs to respondents.

Rabin, J.:

I dissent and vote to reverse the judgment dismissing the complaint and would grant judgment to the plaintiff enjoining the defendant, Gladys Hampton with respect to the infringement of plaintiff's trade-mark. The word "glad" as used in connection with a phonograph record is not descriptive of such article nor does it indicate its ingredients, mode of composition, characteristic qualities...

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