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McGREGOR-DONIGER INC. v. DRIZZLE INC.

No. 10, Docket 78-7132.

599 F.2d 1126 (1979)

McGREGOR-DONIGER INC., Plaintiff-Appellant, v. DRIZZLE INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 11, 1979.

Attorney(s) appearing for the Case

Henry L. Shenier, New York City (William A. Kinnaman, Jr., Shenier & O'Connor, New York City, of counsel), for plaintiff-appellant.

Robert W. Fiddler, New York City (Fiddler & Levine, New York City, of counsel), for defendant-appellee.

Before FRIENDLY, MANSFIELD and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

McGregor-Doniger Inc. ("McGregor"), a New York corporation founded in 1921, is a manufacturer of apparel for both men and women. Since 1947 McGregor has sold golf jackets under the trademark DRIZZLER, and in 1965 the company registered this mark for use in connection with golf jackets. Although McGregor had in the past used the word DRIZZLER in connection with other types of apparel, by 1965 the company had ceased using the mark in connection...

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