LUSE, District Judge.
The pleadings and affidavits submitted raise issues of fact on the novelty of the black, opaque, "champagne" shaped bottles adopted by plaintiff and which it seeks to enjoin defendant from using; also on plaintiff's claim that such bottles have secured a secondary meaning in the trade so as to indicate therein, by the phrase "black bottle," plaintiff's product, "Mission Orange Dry," as distinguished from other orange dry products, including defendant...
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