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SOWECO, INC. v. SHELL OIL CO.

No. 78-2590.

617 F.2d 1178 (1980)

SOWECO, INC., Plaintiff-Appellant, v. SHELL OIL COMPANY, etc. and Shell Chemical Company, etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 30, 1980.

Attorney(s) appearing for the Case

Samuel L. Boyd, Dallas, Tex., for plaintiff-appellant.

Arnold, White, & Durkee, Louis T. Pirkey, Houston, Tex., Gibson, Ochsner, & Adkins, S. Tom Morris, Amarillo, Tex., for defendants-appellees.

Before GEE, FAY and VANCE, Circuit Judges.

GEE, Circuit Judge:

Slugs, larvae, nematodes, and rodents form the supporting cast in this trademark drama; the protagonists are the terms "Larvacide" and "larvicide." Our etymological investigation of these entomological terms leads us to affirm in main the judgment of the careful trial court in this complex and demanding cause.

The trademark "Larvacide" was originally registered in 1927 by Innis, Speiden & Company ("ISC") to designate fumigants for exterminating...

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