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CORNING GLASS WORKS v. JEANNETTE GLASS COMPANY

No. 129, Docket 34704.

432 F.2d 784 (1970)

CORNING GLASS WORKS, Plaintiff-Appellee, v. The JEANNETTE GLASS COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 29, 1970.

Attorney(s) appearing for the Case

Alfred P. O'Hara, New York City (Marie V. Driscoll and Rogers, Hoge & Hills, New York City, on the brief), for plaintiff-appellee.

Sheldon Berns, Cleveland, Ohio (Bernard J. Stuplinski, Kahn, Kleinman, Yanowitz & Arnson, Cleveland, Ohio, Alvin M. Stein, Parker, Chapin & Flattau, New York City, on the brief), for defendant-appellant.

Before MEDINA, WATERMAN and FEINBERG, Circuit Judges.

The Jeannette Glass Company appeals from an order entered on February 9, 1970 which enjoined it from using in connection with the manufacture, sale, offering for sale or advertisement of ovenware and other goods or services the term Lady Cornellia or the blue flower design shown on Lady Cornellia oven-ware, or any other term, name, mark or design that includes or so nearly resembles plaintiff's Corning, Corning Ware or blue cornflower design trademarks as is likely to cause...

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