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RUBYETTE CO. v. VINELAND PRODUCTS CO.

48 F.2d 288 (1931)

RUBYETTE CO. v. VINELAND PRODUCTS CO.

District Court D. New Jersey.

March 24, 1931.

Attorney(s) appearing for the Case

Louis Rudner, of Trenton, N. J., of counsel (Chas. E. Townsend, of San Francisco, Cal., and Edward L. Katzenbach, of Trenton, N. J.), for plaintiff.

Hervey S. Moore, of Trenton, N. J. (Munn, Anderson & Munn, and T. Hart Anderson, all of New York City, of counsel), for defendant.

CLARK, District Judge.

The principal case gives some evidence, at least, that all the products of the California vineyards are not used in accordance with the terms of section 29 of title 2 of the National Prohibition Act (27 USCA § 46). The litigation is twofold: Trade-mark and/or trade-name, with its usual concomitant unfair competition, and under a patent for the process used in preparing the product to which the name has been given. This product is a dried...

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