CHAPPELL v. GOLTSMAN

No. 14040.

197 F.2d 837 (1952)

CHAPPELL et al. v. GOLTSMAN et al. GOLTSMAN et al. v. CHAPPELL et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 24, 1952.


Attorney(s) appearing for the Case

Henry L. Jennings, Francis H. Hare, Birmingham, Ala., James J. Carter, Montgomery, Ala., for appellants.

John C. Godbold, Truman Hobbs, Montgomery, Ala., Beekman Aitken, New York City, for appellees.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.


HUTCHESON, Chief Judge.

Alleging that the use by defendants of the name "Bama" in connection with a blackberry wine bottled and sold by them infringed plaintiffs' trade-mark, "Bama" which they had registered in 1926, and had used for more than 20 years, as their trade-mark for products, blackberry jams and jellies, plaintiffs, on October 17, 1949, brought this suit for an injunction, for damages, and for an accounting of profits.

As appellants state it in...

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