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MARCON, LTD. v. HELENA RUBENSTEIN, INC.

Nos. 81-2113, 81-2161.

694 F.2d 953 (1982)

MARCON, LTD., Appellant, v. HELENA RUBENSTEIN, INC., Appellee. MARCON, LTD., Appellee, v. HELENA RUBENSTEIN, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 1, 1982.

Rehearing Denied January 24, 1983.

Attorney(s) appearing for the Case

H. J. Melaro, Arlington, Va. (John I. Gruen, Gruen & Weiser, Alexandria, Va., on brief), for appellant and cross-appellee.

Milton J. Wayne (Burgess, Ryan & Wayne, New York City, Charles A. Wendel, Stevens, Davis, Miller & Mosher, Arlington, Va., Herbert I. Cantor, Cantor & Singer, Bethesda, Md., on brief), for appellee and cross-appellant.

Before WIDENER, ERVIN and CHAPMAN, Circuit Judges.

WIDENER, Circuit Judge:

Plaintiff prosecuted this trademark infringement action under the Trademark Act of 1946 (the Lanham Act), 15 U.S.C. §§ 1051, et seq., and under the infringement provisions of the Virginia Trademark and Service Mark Act, Va.Code §§ 59.1-88, -89. Defendant counterclaimed, seeking cancellation of the plaintiff's trademark. The district court granted summary judgment for the defendant on a part of the plaintiff's claim. Following...

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