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TIME, INC., v. LIFE COLOR LAB.

279 A.D. 51 (1951)

Time, Incorporated, Respondent, v. Life Color Laboratory, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 13, 1951.

Attorney(s) appearing for the Case

Andrew Eckel of counsel (Richard T. Graham and Patrick Hughes with him on the brief; Doyle & Heffernan, attorneys), for appellant.

Harold R. Medina, Jr., of counsel (Albert Rosenblum with him on the brief; Cravath, Swaine & Moore, attorneys), for respondent.

GLENNON, COHN and CALLAHAN, JJ., concur; PECK, P. J. and DORE, J., dissent and vote to affirm.

Per Curiam.

Plaintiff undoubtedly has an exclusive right to publish a picture magazine under the title "Life" provided it adheres to the style and format of its registered trade-mark.

The word "Life" as used by defendant as part of its name "Life Color Laboratory, Inc.," is employed solely in its descriptive sense and without conveying any other meaning. The trial court properly found no evidence of any damage...

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