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UNITED DRUG CO. v. OBEAR-NESTER GLASS CO.

No. 11636.

111 F.2d 997 (1940)

UNITED DRUG CO. v. OBEAR-NESTER GLASS CO.

Circuit Court of Appeals, Eighth Circuit.

May 13, 1940.

Attorney(s) appearing for the Case

Delos G. Haynes, of St. Louis, Mo. (John D. Pope, III, of St. Louis, Mo., on the brief), for appellant.

Lawrence C. Kingsland, of St. Louis, Mo. (Estill E. Ezell and Edmund C. Rogers, both of St. Louis, Mo., on the brief), for appellee.

Before SANBORN, THOMAS, and VAN VALKENBURGH, Circuit Judges.

THOMAS, Circuit Judge.

The ultimate question for determination on this appeal is whether the registered trade-mark "Rex" imprinted upon glass prescription bottles is infringed by the use of the words "The Rexall Store" imprinted upon glass bottles used for the same purpose and sold in the same trade territory in interstate commerce.

The plaintiff in the district court, appellee, is the owner of the trade-mark Rex. In the court below it charged infringement...

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