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MATZGER v. VINIKOW

No. 4830.

17 F.2d 581 (1927)

MATZGER et al. v. VINIKOW.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 7, 1927.

Attorney(s) appearing for the Case

Gavin McNab, Nat Schmulowitz, and Oliver B. Wyman, all of San Francisco, Cal., for appellants.

Dinkelspiel & Dinkelspiel, Henry G. W. Dinkelspiel, Martin J. Dinkelspiel, and John Walton Dinkelspiel, all of San Francisco, Cal., for appellee.

Before GILBERT and RUDKIN, Circuit Judges, and JAMES, District Judge.

GILBERT, Circuit Judge.

The appellee, as plaintiff, obtained in the lower court a decree against the appellants, as defendants, for an injunction and an accounting. The plaintiff sought relief for infringement of three trade-marks, which he applied to articles of confectionery, "Rough Bar," "Whipped Cream Style," and "Union Leader." The court below denied the exclusive right of the plaintiff to use those names as trade-marks, but upon the ground of unfair competition...

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