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DWINELL-WRIGHT CO. v. WHITE HOUSE MILK CO.

No. 40.

132 F.2d 822 (1943)

DWINELL-WRIGHT CO. v. WHITE HOUSE MILK CO., Inc.

Circuit Court of Appeals, Second Circuit.

January 4, 1943.

Attorney(s) appearing for the Case

Frederic R. Twelvetrees, of Buffalo, N. Y. (Charles R. Fenwick and Edward G. Fenwick, both of Washington, D. C., of counsel), for appellant.

Munn, Liddy & Glaccum, of New York City, and Feldman, Kittelle, Campbell & Ewing, of Washington, D. C. (Sylvester J. Liddy and Orson D. Munn, both of New York City, and Sumner S. Kittelle, of Washington, D. C., of counsel), for the appellee.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff appeals from a judgment dismissing its complaint after a trial in an action to enjoin the infringement of its trade-mark, "White House." It has used this mark, coupled with a picture of the White House in Washington, continuously since 1888 in the sale of coffee throughout the United States, and since 1910 in the sale of tea; in that year it secured two registrations of both mark and picture; one for coffee, the other for tea...

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