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R. B. DAVIS CO. v. DAVIS

No. 7350.

8 F.Supp. 905 (1934)

R. B. DAVIS CO. v. DAVIS.

District Court, E. D. New York.

November 20, 1934.

Attorney(s) appearing for the Case

Nims & Verdi, of New York City (Harry D. Nims, Marion L. Severn, and Stewart W. Richards, all of New York City, of counsel), for plaintiff.

Russell, Shevlin & Russell, of New York City (Franklin F. Russell and Matthew J. Shevlin, both of New York City, of counsel), for defendant.

BYERS, District Judge.

Motion for preliminary injunction in a trade-mark infringement and unfair competition case.

The pleadings and motion papers have been examined and yield the following:

The plaintiff is a New Jersey corporation which has been engaged in the manufacture and sale of baking powder for nearly thirty years. Its principal product is "Davis Baking Powder" which has been on the market under a red label since 1886. The lettering of the...

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