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STANDARD BRANDS v. SMIDLER

No. 258.

151 F.2d 34 (1945)

STANDARD BRANDS, Inc., v. SMIDLER.

Circuit Court of Appeals, Second Circuit.

August 10, 1945.

Attorney(s) appearing for the Case

Schaines & Liberman, of New York City, for defendant-appellant.

Watson, Bristol, Johnson & Leavenworth, of New York City (Ellis W. Leavenworth, Tracy R. V. Fike, and Franklin M. Depew, all of New York City, of counsel), for plaintiff-appellee.

Before, SWAN, CHASE, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff, a Delaware corporation, is the owner by assignment of the registered trade-mark "V-8" for a combination of eight vegetable juices. It sued the defendant, a citizen of New York, for infringement of its trade-mark and for unfair competition in the sale of dry vitamin tablets in packages marked with the symbol "V-8". It obtained a judgment in the District Court for the Eastern District of New York holding that the defendant had both...

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