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MUSHROOM MAKERS, INC. v. R. G. BARRY CORP.

No. 76 Civil 1589.

441 F.Supp. 1220 (1977)

MUSHROOM MAKERS, INC., Plaintiff, v. R. G. BARRY CORPORATION, Defendant.

United States District Court, S. D. New York.

November 22, 1977.

Attorney(s) appearing for the Case

Watson, Leavenworth, Kelton & Taggart, New York City, for plaintiff; Leslie D. Taggart, Frank J. Colucci, Howard B. Barnaby, Jr., New York City, David A. Talman, Talamo, Phillips, Silver & Talman, Inc., Worcester, Mass., of counsel.

Watson, Cole, Grindle & Watson, Washington, D. C., Henry B. Roth, Herzfeld & Rubin, P. C., New York City, for defendant; Walter D. Ames, F. M. deRosa, Bernard L. Sweeney, Washington, D. C., of counsel.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

EDWARD WEINFELD, District Judge.

The defendant, R. G. Barry Corporation ("Barry"), is the owner of the registered trademark MUSHROOMS, which it applies to women's shoes, sandals and slippers. The plaintiff, Mushroom Makers, Inc. ("Mushroom Makers"), commenced this action for a declaratory judgment that its use of the trademark MUSHROOM and the trade name Mushroom Makers in the promotion and sale of women's...

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