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KOTABS v. KOTEX CO.

No. 4581.

50 F.2d 810 (1931)

KOTABS, Inc., et al. v. KOTEX CO.

Circuit Court of Appeals, Third Circuit.

June 25, 1931.

Attorney(s) appearing for the Case

David Stoffer and Arthur T. Vanderbilt, both of Newark, N. J., for appellants.

Cyril A. Soans, of Chicago, Ill., and Harold D. Beatty, James A. Dilkes, and Cola G. Parker, all of New York City, for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

The plaintiff's registered trade-mark is "Kotex"; its trade name "Kotex Company." The defendants appropriated the whole of the plaintiff's trade-mark and the outstanding word in its trade name and used it, lawfully, they contend, in advertising and selling an altogether different product. The plaintiff, on its bill charging infringement of the trade-mark and unfair competition, had a decree by which the court found the trade-mark valid, ownership...

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