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SEVEN UP CO. v. CHEER UP SALES CO.

No. 12955.

148 F.2d 909 (1945)

SEVEN UP CO. v. CHEER UP SALES CO. OF ST. LOUIS, MO., et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 15, 1945.

Attorney(s) appearing for the Case

John H. Cassidy, of St. Louis, Mo. (Frank Y. Gladney and Jones, Hocker, Gladney & Grand, all of St. Louis, Mo., on the brief), for appellant.

Oliver T. Remmers, of St. Louis, Mo., for appellees.

Before GARDNER, THOMAS, and JOHNSEN, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal by the plaintiff from a decree dismissing its bill in equity in a suit under the Trade-Mark Laws of the United States, 15 U.S.C.A. § 81 et seq., (1) to enjoin infringement of its registered trade-marks and unfair competition, (2) for damages, and (3) for cancellation of defendant Orange Smile Sirup Company's registered trade-mark No. 340,923.

Plaintiff's registrations are No. 252,350, issued February 5, 1929, for...

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