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AMERICAN FOODS, INC. v. GOLDEN FLAKE, INC.

No. 19658.

312 F.2d 619 (1963)

AMERICAN FOODS, INC., and R. D. Roberts, and R. D. Roberts d/b/a Roberts Distributing Company, Appellants, v. GOLDEN FLAKE, INC., Appellee. GOLDEN FLAKE, INC., Appellant v. AMERICAN FOODS, INC., and R. D. Roberts, and R. D. Roberts d/b/a Roberts Distributing Company, Appellees.

United States Court of Appeals Fifth Circuit.

January 23, 1963.

Attorney(s) appearing for the Case

John W. Gillon, Hugh P. Carter, Birmingham, Ala. (Spain, Gillon & Young, Birmingham, Ala., Jennings, Carter & Thompson, Birmingham, Ala., on the brief), for appellee-appellant.

Claude A. Fishburn, Kansas City, Mo., Andrew W. Griffin, Birmingham, Ala. (Griffin & Wilson, Birmingham, Ala., Fishburn & Gold, Kansas City, Mo., on the brief), for appellants-appellees.

Before RIVES, JONES, and BELL, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

Golden Flake, Inc., an Alabama corporation, brought suit against American Foods, Inc., a Texas corporation, and its distributor, a resident of Alabama, alleging trade-mark infringement. Jurisdiction was based on the Lanham Act. 15 U.S.C.A. § 1121.1 The cause of action was premised on confusion in trade as to the source of origin of the respective products of the parties. 15 U.S.C.A. § 1114(1) ...

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