WEEKS v. VARIETY NUT & DATE CO.

No. 10006.

103 F.Supp. 528 (1952)

WEEKS et al. v. VARIETY NUT & DATE CO. et al.

United States District Court E. D. Michigan, S. D.

February 20, 1952.


Attorney(s) appearing for the Case

Bates, Teare & McBean, Cleveland, Ohio, for plaintiffs.

Daniel G. Cullen, Detroit, Mich., for defendants.


PICARD, District Judge.

Action to enjoin defendants from making or selling edible nuts in a certain styled package, on two grounds:

First, that the package is a patented one, and

Second, that defendants are guilty of unfair competition because their package is practically a duplicate of the patented article and intended to deceive the public.

Statement of Facts.

Plaintiffs have been in the nut business for many years and after numerous...

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