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THE BEST FOODS v. HEMPHILL PACKING CO.

No. 527.

5 F.2d 355 (1925)

THE BEST FOODS, Inc., v. HEMPHILL PACKING CO.

District Court, D. Delaware.

March 25, 1925.

Attorney(s) appearing for the Case

Charles F. Curley, of Wilmington, Del., and George M. Wolfson, of New York City, for plaintiff.

Walter L. Sheppard, of Philadelphia, Pa., Abram B. Stratton, of Chicago, Ill., Henry D. M. Sherrerd, of Philadelphia, Pa., and Andrew C. Gray, of Wilmington, Del., for defendant.

MORRIS, District Judge.

The complainant, The Best Foods, Inc., owner and user of the registered trade-mark "Nucoa" for vegetable butter, charges the defendant, Hemphill Packing Company, with infringement of that mark by the use of the latter's registered trade-mark "Milcoa" on its nut margarine and with unfair competition, and prays for the usual equitable relief. The defenses are: (1) Noninfringment; (2) no unfair competition; and (3) laches. The cause is on final...

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