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HORLICK'S MALTED MILK CORPORATION v. HORLUCK'S, INC.

No. 657.

43 F.2d 767 (1930)

HORLICK'S MALTED MILK CORPORATION v. HORLUCK'S, INC.

District Court, W. D. Washington, N. D.

June 27, 1930.

Attorney(s) appearing for the Case

Edward S. Rogers, Allen M. Reed, and William T. Woodson, all of Chicago, Ill., and Palmer, Askren & Brethorst, of Seattle, Wash., for plaintiff.

C. A. Reynolds, Harry Ballinger, Charles T. Hutson, and George N. Boldt, all of Seattle, Wash., for defendant.

CUSHMAN, District Judge (after stating the facts as above).

There is no evidence that the defendant has been or is engaged or threatens to engage in interstate commerce.

There is no provision in the state law for the registration of the name of an individual as a trade-mark as there is under certain circumstances in the third and sixth provisos of the Federal Trade-Mark Act (15 USCA § 85).

For these reasons the trade-mark statutes, federal and...

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