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BEECH-NUT PACKING CO. v. P. LORILLARD CO.

No. 3282.

7 F.2d 967 (1925)

BEECH-NUT PACKING CO. v. P. LORILLARD CO.

Circuit Court of Appeals, Third Circuit.

September 11, 1925.

Attorney(s) appearing for the Case

Walter A. Scott, James R. Offield, and H. McClure Johnson, all of Chicago, Ill., and Edward C. Lukens, of Philadelphia, Pa., for appellant.

Treacy & Milton, of Jersey City, N. J. (John Milton, of Jersey City, N. J., Livingston Gifford and William R. Perkins, both of New York City, and Thos. L. Preston, of Richmond, Va., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

The Beech-Nut Packing Company brought suit in the District Court against the P. Lorillard Company for alleged infringement of its trade-mark, "Beech-Nut," and for unfair competition, and prayed for profits and damages. Defendant admits the use of the trade-mark on a brand of its scrap tobacco and on a brand of cigarettes, but insists that it has the right so to use the trade-mark, and that such use does not constitute infringement of the trade...

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