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MAGIC FOAM SALES CORP. v. MYSTIC FOAM CORP.

Civ. No. 24438.

73 F.Supp. 424 (1947)

MAGIC FOAM SALES CORPORATION v. MYSTIC FOAM CORPORATION.

District Court, N. D. Ohio, E. D.

April 18, 1947.

Attorney(s) appearing for the Case

Hyde, Meyer, Baldwin & Doran, of Cleveland, Ohio (John W. Meyer, of Cleveland, Ohio), and Frank Zugelter, of Cincinnati, Ohio, for plaintiff.

Raymond L. Davis, of Cleveland, Ohio, for defendant.

JONES, District Judge.

This is an action by the Magic Foam Sales Corporation, of Ohio for infringement of its unregistered common law trade-mark by the Mystic Foam Corporation, also of Ohio.

The plaintiff's predecessor was Magic Foam, Inc., incorporated on or about November 14, 1932. The defendant's alleged infringing trade-mark "Mystic Foam" was registered with the United States Patent Office on October 8, 1935.

For relief, the plaintiff asks that...

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