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PREMIER MALT PRODUCTS CO. v. KASSER

No. 4159.

23 F.2d 98 (1927)

PREMIER MALT PRODUCTS CO. v. KASSER et al.

District Court, E. D. Pennsylvania.

December 2, 1927.

Attorney(s) appearing for the Case

Paul C. Wagner and Joseph S. Clark, Jr., both of Philadelphia, Pa., and Edward S. Rogers and Allen M. Reed, both of Chicago, Ill., for plaintiff.

Joshua R. H. Potts and T. Bertram Humphries, both of Philadelphia, Pa., for defendant Kasser.

E. Hayward Fairbanks, of Philadelphia, Pa., for defendant Philadelphia Malt Extract Co.

DICKINSON, District Judge.

The conclusion reached is that the bill should be dismissed, with costs.

Discussion.

The bill is based upon averments of registered trade-mark infringement and of unfair competition. Each party is the owner of a registered trade-mark. One is known as a Blue Ribbon and the other as a Blue Anchor. The trade-mark infringement charge is not very vigorously pressed, and we find that it has not been made out.

The unfair...

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