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DU BARRY OF HOLLYWOOD, INC. v. RICHARD HUDNUT

No. 17320.

323 F.2d 986 (1963)

DU BARRY OF HOLLYWOOD, INC., a corporation, Appellant, v. RICHARD HUDNUT, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

October 10, 1963.

Attorney(s) appearing for the Case

Harry Price, New York City, and Warren T. Jessup, Hollywood, Cal., for appellant.

Horton & Foote and Joseph K. Horton, Los Angeles, Cal., Mudge, Stern, Baldwin & Todd, Paul D. Miller, Milton Black and Stuart A. Summit, New York City, for appellee.

Before STEPHENS, JERTBERG and BROWNING, Circuit Judges.

STEPHENS, Circuit Judge.

This is an action for infringement of plaintiff-appellee's registered trade-mark "Du Barry," and some modification of the name "Du Barry," and for unfair competition in connection therewith. Appellee Richard Hudnut, a New York corporation, brought this action in December, 1959, against Du Barry of Hollywood, Inc., alleging trade-mark infringement and unfair competition in that the defendant-appellant used the designation "Du Barry" in connection...

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