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GRAPHICANA CORPORATION v. BAIA CORPORATION

No. 72-1555.

472 F.2d 1202 (1973)

GRAPHICANA CORPORATION, Plaintiff-Appellant, v. BAIA CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 30, 1973.

Attorney(s) appearing for the Case

Burton L. Lilling, New York City, Henry A. Marzullo, Jr., of Lilling & Siegel, New York City, Talivaldis Cepurtis, Kalamazoo, Mich., on brief, for plaintiff-appellant.

Duncan F. Beaman, Beaman & Beaman, Jackson, Mich., for defendant-appellee.

Before PECK, Circuit Judge, and CECIL and O'SULLIVAN, Senior Circuit Judges.

PECK, Circuit Judge.

The appellant is the owner of Patent No. 3,561,146 for a photograph display device consisting of a transparent, hollow cube, an inner foam cube which serves to hold five photographs against the sides and top of the outer cube for display, and a mar-proof base. The appellant markets a device under the name "Graphicube"; the appellee markets a concededly identical device under the name "Baia Instamount Photo Cube."

The appellant's complaint...

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