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ESKIMO PIE CORPORATION v. HONEYMOON PIE CORPORATION

No. 2178.

25 F.2d 154 (1928)

ESKIMO PIE CORPORATION v. HONEYMOON PIE CORPORATION et al.

District Court, E. D. New York.

March 21, 1928.

Attorney(s) appearing for the Case

Everett & Rook, of New York City (Henry B. Floyd, of Chicago, Ill., Harry B. Rook, of New York City, and Harry C. Alberts, of Chicago, Ill., of counsel), for plaintiff.

August G. Klages, of Long Island City, N. Y. (Warren B. Hutchinson, John C. Kerr, and Hoguet & Neary, all of New York City, of counsel), for defendants.

CAMPBELL, District Judge.

This is a suit in equity for the alleged infringement of patent No. 1,404,539, issued by the United States Patent Office to Christian K. Nelson, assignor of one-half to Russel Stover, for confection, dated January 24, 1922, and for the alleged infringement of plaintiff's registered trade-marks, "Eskimo Pie," numbered 155,844, and "Pie," numbered 162,585, and also for unfair competition.

This suit, in so far as the patent is concerned...

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