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DUBONNET WINE CORP. v. ATLAS IMPORT & EXPORT CORP.

51 F.Supp. 73 (1943)

DUBONNET WINE CORPORATION et al. v. ATLAS IMPORT & EXPORT CORPORATION.

District Court, S. D. New York.

May 17, 1943.

Attorney(s) appearing for the Case

Mock & Blum, of New York City (Asher Blum, of New York City, of counsel), for plaintiffs.

Henry J. Buchman, of New York City, for defendant.

RIFKIND, District Judge.

The Court: Well, gentlemen, I am ready to dispose of the principal issues as you have indicated them to me. I do not think I will know more about them after I examine these bottles under the microscope.

I find that Debonair is a colorable simulation of Dubonnet as an abstract name or symbol for the product. The fact that both are written in the same type helps me to reach the same conclusion. The fact that Debonair, which is also an...

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