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BORROUGHS WELLCOME & CO. v. NION CORPORATION

No. 3843.

60 F.Supp. 841 (1945)

BURROUGHS WELLCOME & CO. (U. S. A.) Inc., v. NION CORPORATION.

District Court, S. D. California. Central Division.

May 31, 1945.

Attorney(s) appearing for the Case

Joseph F. Westall, of Los Angeles, Cal., and Hauff & Warland, of New York City, for plaintiff.

William G. MacKay, of San Francisco, Cal., and Fred H. Miller, of Los Angeles, Cal., for defendant.

J. F. T. O'CONNOR, District Judge.

The plaintiff and defendant both claim ownership of a similar trademark, Avicap or Avicaps, and their right to register the same as a trademark for use on vitamin capsules.

It is admitted that the product manufactured by each is the same, but with slightly different word descriptions. The product of the plaintiff is: "a polyvitamin product containing six essential vitamins (A, D, B1, B2<...

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