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MARTHA WASHINGTON CANDIES CO. v. GOLDSTEIN

No. 1332.

23 F.Supp. 861 (1938)

MARTHA WASHINGTON CANDIES CO. v. GOLDSTEIN et al.

District Court, M. D. Pennsylvania.

June 30, 1938.

Attorney(s) appearing for the Case

O'Malley, Hill, Harris & Harris, of Scranton, Pa., and Chritton, Wiles, Davies, Hirschl & Dawson, of Chicago, Ill., for plaintiff.

Thomas M. Lewis and Henry Greenwald, both of Wilkes Barre, Pa., for defendants.

WATSON, District Judge.

This is a suit in Equity filed by the Martha Washington Candies Company seeking an injunction restraining the Defendants from using the name "Martha Washington" as the name of ice cream manufactured by Defendants, and seeking an accounting and damages for trade mark infringement and unfair competition. Defendants have filed a motion to dismiss the Bill.

The Bill alleges, inter alia: That...

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