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KREM-KO CO. v. R. G. MILLER & SONS

No. 21.

68 F.2d 872 (1934)

KREM-KO CO. v. R. G. MILLER & SONS, Inc.

Circuit Court of Appeals, Second Circuit.

January 15, 1934.

Attorney(s) appearing for the Case

Usina & Rauber, of New York City, and Bristol & White, of New Haven, Conn. (Wilkinson, Huxley, Byron & Knight, Geo. L. Wilkinson, Chas. L. Byron, and Ralph Munden, all of Chicago, Ill., of counsel), for appellant.

Cummings & Lockwood, Raymond E. Hackett, and John D. Walker, all of Stamford, Conn., for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff makes a chocolate syrup which is mixed with milk to make a chocolate drink called Krim-Ko. It has distributors who are allotted certain territory within which they provide dealers with Krim-Ko to sell to the public. The drink when ready for sale by the distributors is placed by them in a wide-mouthed transparent glass bottle which is the subject of United States Design Patent No. 79,925, granted to the plaintiff on November 19,...

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