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ZIPPO MANUFACTURING COMPANY v. ROGERS IMPORTS, INC.

216 F.Supp. 670 (1963)

ZIPPO MANUFACTURING COMPANY, Plaintiff, v. ROGERS IMPORTS, INC., Defendant.

United States District Court S. D. New York.

April 22, 1963.

Attorney(s) appearing for the Case

Burgess, Ryan & Hicks, New York City, Brown, Critchlow, Flick & Peckham, Pittsburgh, Pa., for plaintiff; John F. Ryan, New York City, William B. Ryan, New York City, Karl B. Lutz, Pittsburgh, Pa., of counsel.

Willkie, Farr, Gallagher, Walton & FitzGibbon, New York City, Karl W. Flocks, Washington, D. C., for defendant; William Sullivan, New York City, of counsel.

FEINBERG, District Judge.

This case involves the attempt of a manufacturer of a popular cigarette lighter to keep others from imitating the lighter's shape and appearance. Plaintiff Zippo Manufacturing Company ("Zippo"), a Pennsylvania corporation, alleges both trademark infringement and unfair competition on the part of defendant Rogers, Inc.1 ("Rogers"), a New York corporation, by reason of Rogers' sale of pocket lighters closely resembling...

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