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SOCONY-VACUUM OIL CO. v. OIL CITY REFINERS

Nos. 9335, 9336.

136 F.2d 470 (1943)

SOCONY-VACUUM OIL CO., Inc., v. OIL CITY REFINERS, Inc., et al. OIL CITY REFINERS, Inc., v. SOCONY-VACUUM OIL CO., Inc.

Circuit Court of Appeals, Sixth Circuit.

June 22, 1943.

Attorney(s) appearing for the Case

C. W. Sellers, of Cleveland, Ohio (Thompson, Hine & Flory, of Cleveland, Ohio, Frank E. Lewellen, of Detroit, Mich., and John J. Manning, of New York City, on the brief), for Socony-Vacuum Oil Co.

Albert R. Teare, of Cleveland, Ohio (Bates, Teare & McBean, of Cleveland, Ohio, on the brief), for Oil City Refiners.

Before ALLEN, HAMILTON, and MARTIN, Circuit Judges.

HAMILTON, Circuit Judge.

These are appeals from a judgment of unfair competition growing out of the use of conflicting trademarks. The questions presented are: First, whether the second user of one of various trademarks and composites of such trademarks sporadically used by the first user may be enjoined from competing with the latter; second, whether the court applied an erroneous conception of pertinent law in finding as a fact that the Oil City Refiners, Inc.,...

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