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MAOLA ICE CREAM CO. v. MAOLA MILK & ICE CREAM CO.

No. 19.

77 S.E.2d 910 (1953)

238 N.C. 317

MAOLA ICE CREAM CO. OF NORTH CAROLINA, Inc. v. MAOLA MILK & ICE CREAM CO.

Supreme Court of North Carolina.

October 14, 1953.

Attorney(s) appearing for the Case

R. E. Whitehurst, New Bern, for defendant-appellant.

Rodman & Rodman, Washington, for plaintiff-appellee.

PARKER, Justice.

The plaintiff bases its action upon unfair competition. These facts are clearly stated in the complaint and amended complaint. 1. In 1935 F. E. Mayo & Co., Inc. owned an ice cream plant in Washington and another ice cream plant in New Bern: from both plants the company manufactured, distributed and sold ice cream under the trade name or trademark "Maola." 2. During the time the company owned both plants there existed between the two plants a welldefined...

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