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PECHEUR LOZENGE CO. v. NATIONAL CANDY CO.

No. 7679.

122 F.2d 318 (1941)

PECHEUR LOZENGE CO., Inc., v. NATIONAL CANDY CO., Inc.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied August 26, 1941.

Writ of Certiorari Granted November 10, 1941.

Attorney(s) appearing for the Case

James D. Carpenter, Jr., of Jersey City, N. J. (McDermott, Enright & Carpenter and Carl S. Kuebler, all of Jersey City, N. J., on the brief), for appellant.

Alfred J. L'Heureux, of New York City (Henry Plate, of Ridgefield, N. J., and Morgan & Lockwood and Peter X. McManus, all of New York City, on the brief), for appellee.

Before CLARK, JONES, and GOODRICH, Circuit Judges.

Writ of Certiorari Granted November 10, 1941. See ___ U.S. ___, 62 S.Ct. 182, 86 L.Ed. ___.

CLARK, Circuit Judge.

The action below is one for trade-mark infringement or more accurately and in the descriptive phrase of the English judges "passing off". The parties are candy manufacturers. Both of them make cheap sugar lozenges of the size and appearance of a one cent piece. Defendant was the first (1908) to adopt this form of lozenge but until 1936 sold them...

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