FRITO CO. v. GENERAL MILLS

Civ. No. 4393.

103 F.Supp. 563 (1952)

FRITO CO. v. GENERAL MILLS, Inc.

United States District Court N. D. Texas, Dallas Division.

March 19, 1952.


Attorney(s) appearing for the Case

Jack Johannes, G. H. Kelsoe, Jr., both of Dallas, Tex., for plaintiff.

Anthony A. Juettner, Minneapolis, Minn., Wilkinson, Huxley, Byron & Hume, Chicago, Ill., Webster Atwell, Dallas, Tex., for defendant.


ATWELL, Chief Judge.

The Court has been rather liberal in admitting testimony for both the plaintiff, and, the defendant in this matter. The plaintiff offered in testimony 42 different trade-marks, and other evidence covering that number, some of which products were cheese products; others, candy, cigars, whiskey, ice cream, etc.

I presume that the ordinary rules of equity which appeal to the Chancellor with reference to unfair competition, might be somewhat...

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