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WHITE TOWER SYSTEM v. WHITE CASTLE SYSTEM, ETC.

No. 7133.

90 F.2d 67 (1937)

WHITE TOWER SYSTEM, Inc., v. WHITE CASTLE SYSTEM OF EATING HOUSES CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

May 4, 1937.

Attorney(s) appearing for the Case

C. R. Fletcher, of Minneapolis, Minn., and I. A. Fish, of Milwaukee, Wis. (Junell, Driscoll, Fletcher, Dorsey & Barker, of Minneapolis, Minn., Stevenson, Butzel, Eaman & Long, of Detroit, Mich., and Fish, Marshutz & Hoffman, of Milwaukee, Wis., on the brief), for appellant.

E. W. Evans, of Wichita, Kan., and O. C. Hull, of Detroit, Mich (Oxtoby, Robinson & Hull, of Detroit, Mich., and Vermilion, Evans, Carey & Lilleston, of Wichita, Kan., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

This appeal deals with the question whether one who has substantially appropriated a trade name and advertising slogan and has knowingly imitated a building of peculiar style, with knowledge of their previous use in the same business by another, can enjoin the originator from using its own style of building, trade name and slogan in territory in which the junior user first operated, and whether the originator in turn can enjoin the junior user...

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