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INTERPACE CORP. v. LAPP, INC.

No. 83-5036.

721 F.2d 460 (1983)

INTERPACE CORPORATION, Appellant, v. LAPP, INC., Appellee.

United States Court of Appeals, Third Circuit.

Decided November 18, 1983.

Attorney(s) appearing for the Case

Andrew V. Galway (argued), Liddy, Sullivan, Galway & Vaccaro, New York City, for appellant; Susan L. Cohen, Liddy, Sullivan, Galway & Vaccaro, New York City, Muriel Kaplan, Bloomfield, N.J., for appellant.

Daniel H. Bobis (argued), David A. Jackson, Popper, Bobis & Jackson, Newark, N.J., for appellee.

Before GIBBONS and HUNTER, Circuit Judges, and MANSMANN, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This case presents the difficult issue of trademark protection where two parties are using the same trademark on non-competing products. The Lapp Division of plaintiff Interpace Corporation ("Lapp-Interpace") manufactures and sells ceramic insulators under the "Lapp" trademark. The Lapp name was first applied to insulators in 1916, when John S. Lapp formed the Lapp

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