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VENETIANAIRE CORP. OF AMERICA v. A & P IMPORT CO.

No. 703, Docket 34283.

429 F.2d 1079 (1970)

VENETIANAIRE CORP. OF AMERICA, Plaintiff-Appellee, v. A & P IMPORT CO., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 14, 1970.

Attorney(s) appearing for the Case

Harold Einhorn, Brooklyn, N. Y., for defendant-appellant.

Harold Sacks, New York City (Temko & Temko, New York City, with him on the brief), for plaintiff-appellee.

Before MOORE, FRIENDLY and SMITH, Circuit Judges.

MOORE, Circuit Judge.

Venetianaire Corporation of American (Venetianaire), the plaintiff in the court below, is a New York corporation which imports plastic mattress covers from Taiwan and distributes them for sale in retail stores in the United States. The mattress covers are distributed in individual packages upon which are printed the word "Hygient" displayed in a white cross on a green oval. In 1966, Venetianaire secured on the principal register in the United...

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