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MAGIC FOAM SALES CORP. v. MYSTIC FOAM CORP.

No. 10551.

167 F.2d 88 (1948)

MAGIC FOAM SALES CORPORATION v. MYSTIC FOAM CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

March 22, 1948.

Attorney(s) appearing for the Case

Frank Zugelter, of Cincinnati, Ohio (Zugelter & Zugelter, of Cincinnati, Ohio, on the brief), for appellant.

Frank R. Higley, of Cleveland, Ohio (Raymond L. Davis, of Cleveland, Ohio, on the brief), for appellee.

Before SIMONS, McALLISTER, and MILLER, Circuit Judges.

MILLER, Circuit Judge.

The appellant, Magic Foam Sales Corporation, brought this action in the District Court to enjoin the appellee, The Mystic Foam Corporation, from using the term "Mystic Foam" as a trade-mark on any of its products. The complaint also prayed that an order issue to the Commissioner of Patents directing that the appellee's trade-mark registration certificate for a cleaning preparation displaying the term "Mystic Foam" be cancelled. The appellant...

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