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RAXTON CORP. v. ANANIA ASSOCIATES, INC.

Nos. 81-1383, 81-1414.

668 F.2d 622 (1982)

RAXTON CORPORATION, d/b/a Off the Rax, Plaintiff, Appellant, v. ANANIA ASSOCIATES, INC., d/b/a Off the Rack, Defendant, Appellee. RAXTON CORPORATION, d/b/a Off the Rax, Plaintiff, Appellee, v. ANANIA ASSOCIATES, INC., d/b/a Off the Rack, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 14, 1982.

Attorney(s) appearing for the Case

Henry C. Nields, Concord, Mass., with whom Russell & Nields, Concord, Mass., was on briefs for Raxton Corporation, d/b/a Off the Rax.

Steven J. Henry, Boston, Mass., with whom John F. McKenna, and Cesari & McKenna, Boston, Mass., were on briefs for Anania Associates, Inc., d/b/a Off the Rack.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

COFFIN, Chief Judge.

These cross-appeals constitute a second round in this litigation centering on competing trademark rights in Massachusetts. The factual background of this litigation is set forth at length in our prior opinion, Raxton Corp. v. Anania Assoc., Inc., 635 F.2d 924 (1st Cir. 1980).

Plaintiff ["Rax"] sells women's clothing at a discount store called "Off the Rax" in the vicinity of Norwood, Massachusetts...

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