AMERICAN CHICLE CO. v. TOPPS CHEWING GUM

No. 51, Docket 22768.

208 F.2d 560 (1953)

AMERICAN CHICLE CO. v. TOPPS CHEWING GUM, Inc.

United States Court of Appeals Second Circuit.

Decided November 20, 1953.


Attorney(s) appearing for the Case

George E. Middleton, Pennie, Edmonds, Morton, Barrows & Taylor, New York City, for appellant.

W. Lee Helms, New York City, for appellee.

Before L. HAND, SWAN and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge.

The defendant appeals from a final judgment, permanently enjoining it from infringing the plaintiff's trademark, used in the sale of small nuggets of candy covered chewing gum of various flavors; and dismissing the defendant's counterclaim, for the cancellation of the mark. The registration described the mark as follows: "The trade-mark consists of an O shaped figure colored red having a parallelogram of light shade, usually white, extending...

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