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WESTERN OIL REFINING CO. v. JONES

No. 4946.

27 F.2d 205 (1928)

WESTERN OIL REFINING CO. v. JONES.

Circuit Court of Appeals, Sixth Circuit.

July 10, 1928.

Attorney(s) appearing for the Case

Charles O. Roemler, of Indianapolis, Ind. (Chamberlin, Marty & Fuller, of Cleveland, Ohio, and Roemler, Carter & Rust, of Indianapolis, Ind., on the brief), for appellant.

G. E. Davidson, of East Liverpool, Ohio (Hill & Davidson, of East Liverpool, Ohio, on the brief), for appellee.

Before DENISON, MACK, and MOORMAN, Circuit Judges.

MOORMAN, Circuit Judge.

Western Oil Refining Company is an Indiana corporation extensively engaged in selling a high grade gasoline in Ohio. Since 1917 it has used the trade-name "Silver Flash" for its gasoline. In 1923 Frank Jones, operating under the name of Ohio Valley Oil Company, began selling gasoline at Wellsville and East Liverpool, Ohio, under the same trade-name. Upon notice of infringement given him by the refining company he abandoned the name in October...

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