PEPSODENT CO. v. FERGUSSON

No. 4142.

48 F.2d 910 (1930)

PEPSODENT CO. v. FERGUSSON.

District Court, D. New Jersey.

December 31, 1930.


Attorney(s) appearing for the Case

Backes & Backes, of Trenton, N. J., and Edward S. Rogers and Allen M. Reed, both of Chicago, Ill., for complainant.

Felix & Felix, of Philadelphia, Pa., for defendant.


AVIS, District Judge.

Plaintiff, the company manufacturing and marketing a tooth paste, known as "Pepsodent," files its bill of complaint against the defendant, alleging the defendant is manufacturing and selling a tooth paste which it calls "Milk of Magnesia Papsinated Tooth Paste," which plaintiff alleges is an infringement of its product because of the name used, the wording, coloring, and style of the package in which the product is marketed, and also the tube...

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