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VITARROZ CORP. v. BORDEN, INC.

No. 436, Docket 80-7689.

644 F.2d 960 (1981)

VITARROZ CORPORATION, Plaintiff-Appellant, v. BORDEN, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 30, 1981.

Attorney(s) appearing for the Case

S. Stephen Baker, New York City (Stephen L. Baker, New York City, on the brief), for plaintiff-appellant.

Albert Robin, New York City, for defendant-appellee.

Before FEINBERG, Chief Judge, NEWMAN, Circuit Judge, and MISHLER, District Judge.

NEWMAN, Circuit Judge:

This is an appeal from a judgment of the District Court for the Southern District of New York (Gerard L. Goettel, Judge), dismissing after a bench trial a suit for trademark infringement. The issue on the merits is whether the District Court properly denied the plaintiff's request for an injunction, even though the marks of the plaintiff and defendant are virtually identical and their products share at least some competing uses. We conclude...

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