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FLORASYNTH LABORATORIES v. GOLDBERG

No. 10417.

191 F.2d 877 (1951)

FLORASYNTH LABORATORIES, Inc. v. GOLDBERG et al.

United States Court of Appeals Seventh Circuit.

October 30, 1951.

Attorney(s) appearing for the Case

Brezina & Buckingham, Chicago, Ill., John F. Brezina, Chicago, Ill., for appellant.

Howard D. Moses, Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, KERNER and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

This is an appeal from an order of the District Court dismissing the action of the plaintiff, filed in 1950, to restrain the alleged unlawful use by the defendants of labels and a trade name which were alleged to be "deceptively similar" to the trade-mark and the trade name of the plaintiff, and to restrain the unfair competition by defendants through the use of such labels and trade name.

The motion to dismiss this complaint alleged...

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