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MORGENSTERN CHEMICAL CO. v. SCHERING CORPORATION

No. 10096.

181 F.2d 160 (1950)

MORGENSTERN CHEMICAL CO., Inc., v. SCHERING CORPORATION.

United States Court of Appeals Third Circuit.

Decided April 5, 1950.

Attorney(s) appearing for the Case

Copal Mintz, New York City, for appellant.

Anthony T. Augelli, Jersey City, N. J. (Raoul Berger, Washington, D. C., Milton, McNulty & Augelli, Jersey City, N. J., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

Plaintiff, Morgenstern Chemical Company, brought this suit in the District Court for the District of New Jersey for an injunction against the continued use by defendant, Shering Corporation, of the registered trade-mark, "Combisul", which was alleged to be confusingly similar to the registered trade-mark, "Combinal", owned by the plaintiff. The complaint also prayed for an accounting and damages. In...

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