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STANDARD BRANDS v. EASTERN SHORE CANNING CO.

No. 5816.

172 F.2d 144 (1949)

STANDARD BRANDS, Inc. et al. v. EASTERN SHORE CANNING CO., Inc.

United States Court of Appeals Fourth Circuit.

January 22, 1949.

Attorney(s) appearing for the Case

C. O'Conor Goolrick, of Fredericksburg, Va., and Ellis W. Leavenworth, of New York City (Watson, Bristol, Johnson & Leavenworth and Tracy R. V. Fike, all of New York City, on the brief), for appellants.

Barron F. Black, of Norfolk, Va., (Mears & Mears, of Eastville, Va., Vandeventer & Black, of Norfolk, Va., Benjamin W. Mears, of Eastville, Va. and Cadwallader J. Collins, of Norfolk, Va., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

Standard Brands Incorporated, a Delaware corporation, as owner of the registered trade mark V-8 for vegetable juices, brought this suit for infringement against the Eastern Shore Canning Company, a Virginia corporation, which uses the trademark VA upon tomato juice and lima beans. Campbell Soup Company, a New Jersey corporation, to which the trademark V-8 has been transferred, has been allowed to intervene as party plaintiff. The District Judge...

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