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TEXTRON, INC. v. SPI-DELL WATCH & JEWELRY CO.

Nos. 256, 257, Dockets 32272, 32273.

406 F.2d 544 (1968)

TEXTRON, INC., Plaintiff-Appellee, v. SPI-DELL WATCH & JEWELRY CO., Inc. and Ernest Mermelstein, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided December 20, 1968.

Attorney(s) appearing for the Case

Robert L. Thompson, Boston, Mass. (Donald Brown, Dike, Thompson & Bronstein, Boston, Mass., and William K. Guild, Nims, Halliday, Whitman, Howes & Collison, New York City, on the brief), for plaintiff-appellee.

Morton A. Bernstein, New York City, for defendants-appellants.

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

IRVING R. KAUFMAN, Circuit Judge:

Spi-Dell Watch & Jewelry Co., Inc. and its sole stockholder Ernest Mermelstein [hereinafter referred to jointly as Spi-Dell] appeal from an order by Judge Ryan in the Southern District of New York, made upon Textron Inc.'s [hereinafter Textron] motion for summary judgment, permanently enjoining Spi-Dell from infringing Textron's trademark, "Speidel," awarding damages and an account for the profits Spi-Dell obtained through its...

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