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J. N. COLLINS CO. v. F. M. PAIST CO.

No. 3037.

14 F.2d 614 (1926)

J. N. COLLINS CO. v. F. M. PAIST CO.

District Court, E. D. Pennsylvania.

September 23, 1926.

Attorney(s) appearing for the Case

A. C. Paul, of Minneapolis, Minn., E. S. Rogers, of Chicago, Ill., and Henry P. Brown and Kennard N. Ware, both of Philadelphia, Pa., for plaintiff.

I. Smith Raspin and R. J. Sterrett, both of Philadelphia, Pa., for defendant.

THOMPSON, District Judge.

This is a suit to restrain alleged unfair competition in trade, with an accounting for profits and recovery of damages. The plaintiff and defendant are now and have been for many years engaged in the manufacture of the candy familiarly known as "butter scotch." The plaintiff, by reason of the use of honey as a flavoring material in its product, designates it by the trade-mark name "Honey Scotch." Butter scotch is and has been made by both...

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