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BERLITZ SCHOOLS OF LANGUAGES ETC. v. EVEREST HOUSE

No. 647, Docket 79-7692.

619 F.2d 211 (1980)

The BERLITZ SCHOOLS OF LANGUAGES OF AMERICA, INC. and Berlitz Publications, Inc., Plaintiffs-Appellants, v. EVEREST HOUSE, a division of Ambassador International Cultural Foundation, and Lewis W. Gillenson, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 10, 1980.

Attorney(s) appearing for the Case

Joseph Calderon, New York City (Linden & Deutsch, New York City, David Blasband, New York City, of counsel), for plaintiffs-appellants.

Leslie Gordon Fagen, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Edward N. Costikyan, New York City, of counsel), for defendants-appellees.

Before LUMBARD, MANSFIELD and NEWMAN, Circuit Judges.

LUMBARD, Circuit Judge:

Plaintiffs, the Berlitz Schools of Languages of America and Berlitz Publications (hereinafter collectively referred to as "Berlitz"), commenced this action in the Southern District against defendants, Everest House and its President, Lewis W. Gillenson, as licensors of Charles Berlitz, seeking equitable and monetary relief for trademark infringement and unfair competition under the Lanham Act, 15 U.S.C. §§ 1051 et seq., and...

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