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JAS. H. FORBES TEA & COFFEE CO. v. RANNEY-DAVIS MERCANTILE CO.

No. 8018.

29 F.2d 697 (1928)

JAS. H. FORBES TEA & COFFEE CO. v. RANNEY-DAVIS MERCANTILE CO.

Circuit Court of Appeals, Eighth Circuit.

November 26, 1928.

Attorney(s) appearing for the Case

Hugh K. Wagner, of St. Louis, Mo., for appellant.

W. F. Lilleston, of Wichita, Kan. (A. M. Dean, of Arkansas City, Kan., and R. R. Vermilion, Earle W. Evans, and Joseph G. Carey, all of Wichita, Kan., on the brief), for appellee.

Before VAN VALKENBURGH and BOOTH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

This is a suit for infringement of what is termed a common-law trade-mark, amounting substantially to a trade-name, which, it is claimed, has been used so long, and in such manner, as to stamp and identify the goods of complainant in the eyes of the purchasing public. Appellant has a registered trademark under the name "Forbes Santa Fe Trail," registered November 16, 1915, used for coffee, foods, and ingredients of foods. The mark is...

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