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SCARVES BY VERA, INC. v. TODO IMPORTS LTD. (INC.)

No. 769, Docket 75-7529.

544 F.2d 1167 (1976)

SCARVES BY VERA, INC., Plaintiff-Appellant, v. TODO IMPORTS LTD. (INC.), Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 22, 1976.

Opinion Reassigned on November 1, 1976.

Attorney(s) appearing for the Case

Alfred P. O'Hara, New York City (James B. Swire, Lile H. Deinard, William R. Liberman, and Rogers, Hoge & Hills, New York City, on the brief), for plaintiff-appellant.

Henry L. Shenier, New York City (William A. Kinnaman, Jr., and Shenier & O'Connor, New York City, on the brief), for defendant-appellee.

Before LUMBARD and TIMBERS, Circuit Judges, and NEWMAN, District Judge.

Opinion Reassigned on November 1, 1976 to Circuit Judge Lumbard, at the Request of Circuit Judge Timbers.

LUMBARD, Circuit Judge:

This appeal raises the familiar problem of determining under what circumstances a trademark owner may protect his trademark against use on products other than those to which the owner has applied it. Polaroid Corp. v. Polarad Electronics Corp., 287 F.2d 492 (2 Cir.), cert. denied, 368 U.S...

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