SWEET SIXTEEN CO. v. SWEET "16" SHOP INC.

No. 7234.

15 F.2d 920 (1926)

SWEET SIXTEEN CO. v. SWEET "16" SHOP, Inc., et al.

Circuit Court of Appeals, Eighth Circuit.

November 17, 1926.


Attorney(s) appearing for the Case

Sloss & Ackerman, of San Francisco, Cal., for appellant.

Stewart, Alexander & Budge, of Salt Lake City, Utah, for appellees.

Before LEWIS, Circuit Judge, and MUNGER and FARIS, District Judges.


FARIS, District Judge.

This is an action in equity for an injunction and an accounting, based on the alleged infringement of plaintiff's trade-mark and trade-name. The decree below went for defendant, and plaintiff appealed in conventional mode.

While numerous errors are assigned, there is, in the last analysis, but one question presented upon the record. That question is whether, upon the facts shown by the evidence, which were practically undisputed, plaintiff...

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