DONAHUE, Circuit Judge (after stating the facts as above).
Upon the trial of this cause, a stipulation was filed, which, in part, reads as follows: "All twists and granulated tobaccos are dressed and marketed for the public in practically the same form, color and shape of package as complainant and defendant are using. The sole and only issue arising on the question of infringement between the complainant and defendant being the use by defendant of the words `Red...
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