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WEST & CO., INC. v. ARICA INSTITUTE, INC.

No. 696, Docket 76-7513.

557 F.2d 338 (1977)

WEST & COMPANY, INC., Plaintiff-Appellant, v. ARICA INSTITUTE, INC., Defendant-Appellee, v. WEST & COMPANY, INC., Steven West, Steven West d/b/a MacDonald-Winchester Publishers, and Jonathan Advertising, Inc., Counterclaim Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 8, 1977.

Attorney(s) appearing for the Case

Arthur W. Baily, New York City (Michael C. Duban, New York City, of counsel), for plaintiff-appellant and counterclaim defendants-appellants.

David H. T. Kane, New York City (Siegrun D. Kane, Virginia R. Richard and Kane, Dalsimer, Kane, Sullivan & Kurucz, New York City, of counsel), for defendant-appellee.

Before LUMBARD, MANSFIELD and GURFEIN, Circuit Judges.

PER CURIAM:

This is an appeal from a judgment of the District Court for the Southern District of New York (Stewart, D. J.) dismissing the complaint and granting injunctive relief on the defendant's counterclaim. The injunction was based on the district court's determination that plaintiff had infringed defendant's service mark.1 It held that the mark was "descriptive," but was, nevertheless, entitled...

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