NATIONAL NU GRAPE CO. v. GUEST

No. 3488.

164 F.2d 874 (1947)

NATIONAL NU GRAPE CO. v. GUEST.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 10, 1947.


Attorney(s) appearing for the Case

Ernest P. Rogers, of Atlanta, Ga. (Troy Shelton, of Oklahoma City, Okl., Smith, Kilpatrick, Cody, Rogers & McClatchey, of Atlanta, Ga., and Embry, Johnson, Crowe, Tolbert & Shelton, of Oklahoma City, Okl., on the brief), for appellant.

F. M. Dudley, of Oklahoma City, Okl., for appellee.

Before PHILLIPS, BRATTON and HUXMAN, Circuit Judges.


HUXMAN, Circuit Judge.

This was an action by the National NuGrape Company, herein referred to as NuGrape, against James D. Guest, trading and doing business variously as Tot Beverage Company, and Tru-Grape Company, herein referred to as Guest, for alleged infringement of NuGrape's registered trademark and for unfair competition. From a judgment in favor of Guest, NuGrape has appealed.

The facts are not in dispute. NuGrape is a Georgia corporation, located...

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