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WILLIAMSON CANDY CO. v. UCANCO CANDY CO.

No. 546.

3 F.2d 156 (1925)

WILLIAMSON CANDY CO. v. UCANCO CANDY CO.

District Court, D. Delaware.

January 2, 1925.

Attorney(s) appearing for the Case

Francis H. Williams (of Little, Williams & Little), of Chicago, Ill., and Charles F. Curley, of Wilmington, Del., for plaintiff.

Walter M. Balluff, of Davenport, Iowa, Clarence E. Mehlhope (of Offield, Mehlhope, Scott & Poole), of Chicago, Ill., and Marvel, Marvel, Layton & Hughes, of Wilmington, Del., for defendant.

MORRIS, District Judge.

Williamson Candy Company, plaintiff, is the manufacturer of a chocolate coated candy bar sold under the name "Oh Henry!" It here charges the defendant, Ucanco Candy Company, a Delaware corporation, which sells a like, but smaller, bar under the name "Oh Johnnie!" with trade-mark infringement and unfair competition. The usual equitable relief is sought.

The plaintiff began the use of "Oh Henry!" in 1918 as a trade-mark for a candy bar...

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