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C.L.A.S.S. PROMOTIONS v. D.S. MAGAZINES, INC.

Cal. Nos. 57, 84, Dockets 84-7253, 84-7255.

753 F.2d 14 (1985)

C.L.A.S.S. PROMOTIONS, INC., Plaintiff-Appellant, Cross-Appellee, v. D.S. Magazines, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 18, 1985.

Attorney(s) appearing for the Case

Allison C. Collard, Roslyn, N.Y. (Collard, Roe & Galgano, P.C., Roslyn, N.Y., of counsel), for plaintiff-appellant, cross-appellee.

Robert L. Sherman, Mineola, N.Y. (Michael F. Dennis, Mineola, N.Y., of counsel), for defendant-appellee, cross-appellant.

Before VAN GRAAFEILAND and CARDAMONE, Circuit Judges, and MacMAHON, District Judge.

MacMAHON, District Judge:

C.L.A.S.S. Promotions, Inc. ("Class Promotions") appeals from that part of a judgment of the United States District Court for the Southern District of New York, Charles L. Brieant, Judge, entered February 17, 1984, dismissing its claims for damages and forfeiture predicated upon alleged trademark infringement and unfair competition arising from the use of similar titles by two magazine publishers. D.S. Magazines,

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