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AMERICAN CHICLE CO. v. TOPPS CHEWING GUM

Civ. No. 12870.

112 F.Supp. 848 (1953)

AMERICAN CHICLE CO. v. TOPPS CHEWING GUM, Inc. et al.

United States District Court E. D. New York.

June 4, 1953.

Attorney(s) appearing for the Case

Nims, Martin, Halliday, Whitman & Williamson, New York City, W. Lee Helms and Stewart L. Whitman, New York City, of counsel, for plaintiff.

Pennie, Edmonds, Morton, Barrows & Taylor, New York City, George E. Middleton, Hubert G. Moore, Jr., New York City, of counsel, for defendants.

GALSTON, District Judge.

This action involves alleged trade-mark infringement and unfair competition.

There is also a counterclaim of the defendants, which seeks to have the trademark registration of the plaintiff, covering its trade-mark Clorets, cancelled.

The plaintiff is a manufacturer of chewing gum, and has been in that business for over fifty years. Some time in February, 1951, it marketed a chlorophyll chewing gum under the name Clorets. The...

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