ALBERT DICKINSON CO. v. MELLOS PEANUT CO.

No. 9847.

179 F.2d 265 (1950)

ALBERT DICKINSON CO. v. MELLOS PEANUT CO. OF ILLINOIS.

United States Court of Appeals Seventh Circuit.

January 12, 1950.


Attorney(s) appearing for the Case

William T. Woodson, Beverly W. Pattishall, Lewis S. Garner, Chicago, Ill., for appellant.

Robert V. Conners, C. W. Eckert, Nicholas S. Limperis, Chicago, Ill., for appellee.

Before KERNER, DUFFY and FINNEGAN, Circuit Judges.


DUFFY, Circuit Judge.

Plaintiff brought this action claiming that defendant's trade-mark "Block Buster," infringes plaintiff's trade-mark, "Big Buster," and that defendant competed unfairly with plaintiff. On defendant's motion, the court granted a summary judgment in favor of the defendant, from which plaintiff appeals.

Plaintiff's verified complaint alleged, "Defendant's aforesaid product bearing the name Block Buster is likely to be passed off as and for...

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