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SAXONY PRODUCTS, INC. v. GUERLAIN, INC.

No. 73-1290.

513 F.2d 716 (1975)

SAXONY PRODUCTS, INC., Plaintiff-Appellee, v. GUERLAIN, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 7, 1975.

Attorney(s) appearing for the Case

Harold I. Kaplan (argued), New York City, for defendant-appellant.

Louis W. Shaffer (argued), of Stewart & Shaffer, Los Angeles, Cal., for plaintiff-appellee.

Before DUNIWAY and ELY, Circuit Judges, and JAMESON, District Judge.

OPINION

JAMESON, District Judge:

Defendant-appellant, Guerlain, Inc., appeals from an order granting the motion of plaintiff-appellee, Saxony Products, Inc., for summary judgment and holding that (1) the use of appellant's registered trademark SHALIMAR in appellee's advertising did not constitute trademark infringement and unfair competition, and (2) appellant was guilty of unfair competition by threatening appellee with legal action based on unfounded claims...

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