Dell Publishing Co. v. Ultem Publications, Inc.

This action, based upon alleged unfair competition and trade-mark and trade name infringement, was instituted by the plaintiff seeking the following relief:

*160(1) To restrain the defendants from appropriating plaintiff’s well-established trade-marks and trade names, designated as Modern Magazines, Modern Screen and Modern Romances, and(2) To compel defendants to abandon the use of the name “ Modem ” and the imitation and copying of plaintiff’s publication Modern Magazines in connection with defendants’ magazine Modem Movies.

The plaintiff has been engaged for many years in the publication and…