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PREMIER MALT PRODUCTS CO. v. KASSER

No. 3772.

26 F.2d 1021 (1928)

PREMIER MALT PRODUCTS CO., Appellant, v. Herman KASSER, Trading as Blue Anchor Malt Distributing Company, et al., Appellees.

Circuit Court of Appeals, Third Circuit.

June 21, 1928.

Attorney(s) appearing for the Case

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

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 appellant.

T. Bertram Humphries and Joshua R. H. Potts, both of Philadelphia, Pa., for other appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below the Premier Malt Products Company filed a bill to restrain infringement by defendants of its registered trade-mark "Blue Ribbon" as applied to malt extract, and for relief against unfair competition in the use of an infringing label using the words "Blue Anchor." From a decree dismissing the bill, this appeal was taken.

The case involves no principles of the law pertaining to trade-marks or unfair competition,...

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