CREAMETTE CO. v. CONLIN

No. 13424.

191 F.2d 108 (1951)

CREAMETTE CO. v. CONLIN et al.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 17, 1951.


Attorney(s) appearing for the Case

Frank A. Whiteley, Minneapolis, Minn., G. W. Botts, Jacksonville, Fla., for appellant.

John Marshall Green, Ocala, Fla., J. Edwin Holsberry, Pensacola, Fla., for appellees.

Before HOLMES, McCORD, and RUSSELL, Circuit Judges.


RUSSELL, Circuit Judge.

In the trial Court the appellant sought to enjoin the use by the defendants of the word "Creamette" as a trademark and tradename for a frozen sweet or dessert. The complaint was based both upon the claim of infringement of the plaintiff's registered trademark "Creamette" or its variant "Creamettes", and upon the claim of unfair competition at common law. The plaintiff alleged that the defendants, with full knowledge of its registration and...

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