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ARROW FASTENER CO., INC. v. STANLEY WORKS

No. 956, Docket 94-9294.

59 F.3d 384 (1995)

ARROW FASTENER CO., INC., Plaintiff-Appellee, v. The STANLEY WORKS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 18, 1995.

Attorney(s) appearing for the Case

Pasquale A. Razzano, New York City (Stevan J. Bosses; Fitzpatrick, Cella, Harper & Scinto, of counsel), for plaintiff-appellee.

David H.T. Kane, New York City (Siegrun D. Kane, Kathleen E. McCarthy, Kane, Dalsimer, Sullivan, Kurucz, Levy, Eisele, and Richard, of counsel), for defendant-appellant.

Before: MAHONEY, WALKER, and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

In this case we consider the breadth of protection afforded a registered trademark that also serves as a model number for a hand-operated staple gun. Specifically, we consider whether the trademark is infringed by another company's use of the letter and number that constitute the mark — in combination with other letters and numbers to form a longer model number — on a higherpriced and functionally different stapler...

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