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CHAMPION SPARK PLUG CO. v. SANDERS

No. 298, Docket 20222.

156 F.2d 488 (1946)

CHAMPION SPARK PLUG CO. v. SANDERS et al.

Circuit Court of Appeals, Second Circuit.

On Petition for Rehearing September 25, 1946.

As Amended October 18, 1946.

Attorney(s) appearing for the Case

Ward, Crosby & Neal, of New York City, and Owen & Owen, of Toledo, Ohio (Wilbur Owen and Carl F. Schaffer, both of Toledo, Ohio, and Joshua Ward, of New York City, of counsel), for plaintiff.

John Wilson Hood, of New York City, for defendants.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The Champion Spark Plug Company, a well known manufacturer of spark plugs for automobiles, brought this suit against the defendants charging infringement of its trade-mark "Champion," and also unfair competition. The charge is based upon the resale by the defendants of used spark plugs of plaintiff's original manufacture while still bearing the trade-mark "Champion" and also bearing plaintiff's type or style numbers indicating that...

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