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LIFE SAVERS CORP. v. CURTISS CANDY CO.

No. 9967.

182 F.2d 4 (1950)

LIFE SAVERS CORPORATION v. CURTISS CANDY CO.

United States Court of Appeals Seventh Circuit.

May 23, 1950.

Attorney(s) appearing for the Case

William T. Woodson, Beverly W. Pattishall, Lewis S. Garner, all of Chicago, Ill., James F. Hoge, Lenore B. Stoughton, New York City, of counsel, for appellant.

Casper W. Ooms, Chicago, Ill., Edwin F. Zukowski, Chicago, Ill., Walker, Atwood, Zukowski & McFarland, Chicago, Ill., of counsel, for appellee.

Before DUFFY, LINDLEY and SWAIM, Circuit Judges.

DUFFY, Circuit Judge.

This is an action for trade-mark infringement and unfair competition. On March 8, 1938, plaintiff registered under the Act of February 20, 1905, 33 Stat. 724, a distinctive mark (No. 355,158) consisting of a striped background across which the words, "Life Savers," were printed three times, one above the other, in white letters. Immediately above each printing of "Life Savers," the words "Five Flavor," were printed in black letters. The registration...

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