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REID, MURDOCH & CO. v. H. P. COFFEE CO.

No. 8867.

48 F.2d 817 (1931)

REID, MURDOCH & CO. v. H. P. COFFEE CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 17, 1931.

Attorney(s) appearing for the Case

Fred Gerlach, of Chicago, Ill. (Douglas W. Robert, of St. Louis, Mo., on the brief), for appellant.

William H. Schaumberg, of St. Louis, Mo. (Roy M. Eilers, of St. Louis, Mo., on the brief), for appellee.

Before STONE and GARDNER, Circuit Judges, and WYMAN, District Judge.

GARDNER, Circuit Judge.

Appellant, as plaintiff in the lower court, brought suit to enjoin the alleged infringement by the defendant of its registered trade-mark, and to enjoin certain acts of alleged unfair competition. The material facts as summarized by the lower court are substantially as follows:

As early as August 13, 1878, plaintiff's predecessor registered its trade-mark for baking powder and cream of tartar. This trade-mark consisted of a tiger's...

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