COOK CHEMICAL CO. v. COOK PAINT & VARNISH CO.

No. 14120.

185 F.2d 365 (1950)

COOK CHEMICAL CO. v. COOK PAINT & VARNISH CO.

United States Court of Appeals Eighth Circuit.

December 5, 1950.


Attorney(s) appearing for the Case

Clay C. Rogers, Kansas City Mo. (James W. Benjamin and C. Earl Hovey, Kansas City, Mo., were with him on the brief), for appellant.

R. B. Caldwell, Kansas City, Mo. (Robert S. Eastin and M. D. Blackwell, Kansas City, Mo., were with him on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.


WOODROUGH, Circuit Judge.

Cook Paint and Varnish Company filed its complaint in this action in the federal court in Missouri on May 13, 1948, and federal jurisdiction was established by averment and proof of diversity of citizenship and sufficient amount involved. Plaintiff alleged that defendant Cook Chemical Company had infringed plaintiff's trade names, "Cook" and "Cook's" and "Cook's Paint", and threatened to continue and expand such infringement to the irreparable...

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