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PAPERCUTTER, INC. v. FAY'S DRUG CO., INC.

Nos. 280, 336, Dockets 89-7461, 89-7509.

900 F.2d 558 (1990)

PAPERCUTTER, INC., Appellant-Cross-Appellee, v. FAY'S DRUG CO., INC., Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 4, 1990.

Attorney(s) appearing for the Case

Mark P. Stone, Stamford, Conn. (Eric Y. Munson, of counsel), for appellant-cross-appellee.

Richard Z. Lehv, Weiss Dawid Fross Zelnick & Lehrman, P.C., New York City (Barbara A. Solomon, of counsel), for appellee-cross-appellant.

Before OAKES, Chief Judge, TIMBERS and CARDAMONE, Circuit Judges.

OAKES, Chief Judge:

This is an appeal by a trademark holder from a judgment in favor of the defendant in an action alleging trademark infringement, with a cross-appeal by the defendant seeking cancellation of the plaintiff's registration of the trademark. The United States District Court for the Southern District of New York, Charles L. Brieant, Jr., Chief Judge, after a bench trial, held in an oral ruling that there was no infringement of the trademark "PaperCutter...

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