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DEFIANCE BUTTON MACH. CO. v. C & C METAL PRODUCTS

No. 511, Docket 84-7775.

759 F.2d 1053 (1985)

DEFIANCE BUTTON MACHINE COMPANY, Plaintiff-Appellant, v. C & C METAL PRODUCTS CORP. and Defiance Button Machine Company, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 4, 1985.

Attorney(s) appearing for the Case

Paul Fields, New York City (Terry Sue Zisowitz, McAulay, Fields, Fisher, Goldstein & Nissen, New York City, of counsel), for plaintiff-appellant.

Henry L. Shenier, New York City (William A. Kinnaman, Jr., Shenier & O'Connor, New York City, of counsel), for defendants-appellees.

Before MANSFIELD, OAKES and NEWMAN, Circuit Judges.

MANSFIELD, Circuit Judge:

Defiance Button Machine Company (Defiance-NY), a New York corporation, appeals from an order and judgment of the Southern District of New York, entered after a non-jury trial before Judge Gerard L. Goettel, dismissing its complaint under the Lanham Act, 15 U.S.C. §§ 1051-1127 (1982), which seeks injunctive relief against defendants' use of its trademark DEFIANCE and trade name Defiance and damages. Plaintiff also appeals from the...

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