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PRO-PHY-LAC-TIC BRUSH CO. v. JORDAN MARSH CO.

No. 4270.

165 F.2d 549 (1948)

PRO-PHY-LAC-TIC BRUSH CO. v. JORDAN MARSH CO.

Circuit Court of Appeals, First Circuit.

January 14, 1948.

Attorney(s) appearing for the Case

George P. Dike, of Boston, Mass. (George P. Towle, Jr., of Boston, Mass., on the brief), for appellant.

Herbert P. Kenway, of Boston, Mass., and Orville N. Greene, of New York City (Kenway & Witter, of Boston, Mass., on the brief), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

WOODBURY, Circuit Judge.

The plaintiff, a Delaware corporation and the owner of two registrations of the word "Jewelite," one, No. 382,241, as a trademark for "Hair Brushes," and the other, No. 410,035, as a trade-mark for "Hair Brush and Comb Sets; and Toilet and Dresser Sets, Consisting of Combs, Brushes, Mirrors, Nail Files, Powder Boxes, and Dresser Trays, All Made of or Backed with Plastic Material," is seeking to enjoin the defendant, a Massachusetts corporation...

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