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TALK TO ME PRODUCTS, INC. v. LARAMI CORP.

No. 1391, Docket 92-9279.

992 F.2d 469 (1993)

TALK TO ME PRODUCTS, INC., corporation of the State of New York, Plaintiff-Appellant, v. LARAMI CORPORATION, a corporation under the laws of the Commonwealth of Pennsylvania, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 7, 1993.

Attorney(s) appearing for the Case

Gerard F. Dunne, New York City, for plaintiff-appellant.

Gary A. Rosen, Philadelphia, PA (William T. Hangley, Hangley Connolly Epstein Chicco Foxman & Ewing, Jay K. Meadway, Panitch Schwarze Jacobs & Nadel, on the brief), for defendant-appellee.

Before: KEARSE and ALTIMARI, Circuit Judges, and SWEET, District Judge.

PER CURIAM:

Plaintiff Talk to Me Products, Inc. ("TTMP"), appeals from a judgment of the United States District Court for the Southern District of New York, Charles S. Haight, Jr., Judge, dismissing its complaint on the motion of defendant Larami Corp. ("Larami") for summary judgment. On appeal, TTMP contends that the district court erred in ruling (1) that "Soaker" was a descriptive mark for a toy water gun, and (2) that TTMP had not established priority over...

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