BOOST CO. v. FAUNCE


13 N.J. Super. 63 (1951)

80 A.2d 246

BOOST COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. RANDLE B. FAUNCE, E. LESTER STOCKTON, SR., RANDLE N. FAUNCE, E. LESTER STOCKTON, JR., AND DRINK ATOAST, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 29, 1951.


Attorney(s) appearing for the Case

Mr. W. Louis Bossle, for plaintiff.

Mr. Charles A. Cohen for the defendants (Messrs. Worth & Worth, attorneys).


HANEMAN, J.S.C.

Plaintiff herein seeks to obtain an injunction against the defendants in the following respects: (1) from manufacturing, advertising or selling a certain soft drink known as "Atoast"; (2) from using the name "Atoast"; (3) from using the bottle allegedly imitative of that of a soft drink manufactured and sold by the plaintiff; (4) from using the label allegedly imitative of that used by plaintiff; (5) from using the color of the syrup allegedly imitative...

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