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HYGRADE FOOD PRODUCTS CORP. v. H. D. LEE MERCANTILE CO.

No. 1280.

37 F.2d 900 (1930)

HYGRADE FOOD PRODUCTS CORPORATION v. H. D. LEE MERCANTILE CO. et al.

District Court, S. D. Kansas, First Division.

February 5, 1930.

Attorney(s) appearing for the Case

Dean & Dean, of Topeka, Kan. (Harold H. Corbin and Edward J. Bennett, both of New York City, of counsel), for plaintiff.

Thomas M. Lillard, of Topeka, Kan., and Edwin C. Meservey and Charles M. Blackmar, both of Kansas City, Mo., for defendants.

POLLOCK, District Judge.

This suit was brought by plaintiff, a corporate citizen of the state of New York, against defendants, citizens of this state and the state of Missouri, to restrain defendants from unfair competition in business with plaintiff.

True, the plaintiff has a registered trade-mark as has defendant the mercantile company. But, as plaintiff's trade-mark as registered consists of a descriptive term, it is quite well settled plaintiff cannot...

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