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KING RESEARCH, INC. v. SHULTON, INC.

No. 274, Docket 71-1544.

454 F.2d 66 (1972)

KING RESEARCH, INC., Plaintiff-Appellant, v. SHULTON, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 7, 1972.

Attorney(s) appearing for the Case

W. Hubert Plummer, New York City (Rogers, Hoge & Hills, Arthur L. Nathanson, New York City, on the brief), for plaintiff-appellant.

Leo C. Krazinski, Suffern, N. Y. (John K. Bangs, Clifton, N. J., on the brief), for defendant-appellee.

Before FRIENDLY, Chief Judge, FEINBERG, Circuit Judge, and DAVIS, Judge.

FEINBERG, Circuit Judge:

Under what circumstances the owner of a trademark can protect it against use on products other than those to which he has applied the mark is a familiar problem in this court. But, as we noted in Polaroid Corp. v. Polarad Electronics Corp., 287 F.2d 492, 495 (2d Cir.), cert. denied, 368 U.S. 820, 82 S.Ct. 36, 7 L.Ed.2d 25 (1961), the question "does not become easier of solution with the years." This case is...

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