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OBEAR-NESTER GLASS CO. v. UNITED DRUG CO.

No. 12920.

149 F.2d 671 (1945)

OBEAR-NESTER GLASS CO. v. UNITED DRUG CO.

Circuit Court of Appeals, Eighth Circuit.

June 11, 1945.

Attorney(s) appearing for the Case

Edmund C. Rogers and Lawrence C. Kingsland, both of St. Louis, Mo. (Kingsland, Rogers & Ezell, of St. Louis, Mo., on the brief), for appellant.

Delos G. Haynes, of St. Louis, Mo. (Benjamin H. Dorman, of Boston, Mass., on the brief), for appellee.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

RIDDICK, Circuit Judge.

In an action brought in the District Court under 15 U.S.C.A. § 81 et seq., the appellant, Obear-Nester Glass Company, obtained a decree enjoining the appellee, United Drug Company, from infringing the appellant's trademark "Rex" by the use of appellee's "The Rexall Store" mark upon glassware, and particularly upon bottles designed for the use of druggists in filling prescriptions. The decree of the District Court also ordered an accounting...

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