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THOMAS KERFOOT & CO. v. LOUIS K. LIGGETT CO.

No. 2791.

67 F.2d 214 (1933)

THOMAS KERFOOT & CO., Limited, v. LOUIS K. LIGGETT CO.

Circuit Court of Appeals, First Circuit.

October 4, 1933.

Attorney(s) appearing for the Case

Harry D. Nims, of New York City (Arthur P. Hardy, of Boston, Mass., and Hugo Mock, Asher Blum, Walter L. Post, and Mock & Blum, all of New York City, on the brief), for appellant.

James F. Hoge, of New York City (Thomas Hunt [of Gaston, Snow, Saltonstall & Hunt], of Boston, Mass., and Edward S. Rogers, of New York City, on the brief), for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

MORTON, Circuit Judge.

This is a suit to restrain infringement of plaintiff's trade-mark "Vapex," and unfair competition by the defendant with the plaintiff in the sale of a remedy, similar to the plaintiff's, under the name "Vapure." In the District Court, after full hearing, at which much evidence, both oral and documentary, was presented, the bill was dismissed. The plaintiff has appealed. The District Judge went into the case very thoroughly. His opinion is long...

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