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LAWRENCE-WILLIAMS CO. v. SOCIETE ENFANTS GOMBAULT ET CIE

No. 4862.

22 F.2d 512 (1927)

LAWRENCE-WILLIAMS CO. v. SOCIÉTÉ ENFANTS GOMBAULT ET CIE.

Circuit Court of Appeals, Sixth Circuit.

November 17, 1927.

Attorney(s) appearing for the Case

A. A. Stearns, of Cleveland, Ohio (Stearns, Chamberlain & Royon, Fay, Oberlin & Fay, and John F. Oberlin, all of Cleveland, Ohio, on the brief), for appellant.

Lanier McKee, of New York City, and James R. Garfield, of Cleveland, Ohio (Hervey, Barber & McKee, of New York City, Garfield, McGregor & Baldwin, of Cleveland, Ohio, Arthur Wm. Barber, of New York City, and Arthur D. Baldwin, of Cleveland, Ohio, on the brief), for appellee.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

The subject of this litigation is a trade-mark consisting of the words "Gombault's Caustic Balsam," with the picture of a farm scene, with a jockey mounted on a race horse and holding in his hand a bottle. It is used in selling a liniment for horses and other stock. The bill as amended asserted infringement of this trade-mark and unfair competition, with a prayer for an injunction and accounting. The answer denied infringement and unfair trade...

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