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FIELD ENTERPRISES EDUCATIONAL CORP. v. GROSSET & DUNLAP, INC.

No. 62 Civ. 835.

256 F.Supp. 382 (1966)

FIELD ENTERPRISES EDUCATIONAL CORPORATION, Plaintiff, v. GROSSET & DUNLAP, INC. and Wonder Books, Inc., Defendants.

United States District Court S. D. New York.

July 14, 1966.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiff. Jay H. Topkis, Allan Blumstein, New York City, of counsel.

Weil, Gotshal & Manges, New York City, for defendants. Edward C. Wallace, Marshall C. Berger, New York City, of counsel.

OPINION

BONSAL, District Judge.

In this action, tried before the court, plaintiff seeks an injunction and accounting for unfair competition and for willful infringement of its registered trademark, "How and Why," and defendants counterclaim for judgment declaring plaintiff's trademark invalid.

Plaintiff is a Delaware corporation; defendant Grosset & Dunlap, Inc. (Grosset) is a New York corporation; and defendant Wonder Books is a division of...

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