SWIFT & COMPANY v. T. W. SWIFT COMPANY

Civ. A. No. 472.

124 F.Supp. 434 (1954)

SWIFT & COMPANY, Plaintiff, v. T. W. SWIFT COMPANY and Thomas W. Swift, Defendants.

United States District Court M. D. North Carolina.

September 8, 1954.


Attorney(s) appearing for the Case

Ratcliff, Vaughn, Hudson, Ferrell & Carter, Winston Salem, N. C., Nims, Martin, Halliday, Whitman & Williamson, Wallace H. Martin and Mansfield C. Fuldner, New York City, for plaintiff.

Womble, Carlyle, Martin & Sandridge, Winston Salem, N. C., for defendants.


HAYES, District Judge.

This is a suit by the plaintiff for an injunction to restrain the defendants from infringing plaintiff's trade-mark and from engaging in unfair business practices. After alleging that the plaintiff has obtained certain trade-marks through the use of "Swift" and "Swift's" and its long history in the sale of products under these names the essence of the complaint is; "Upon information and belief, defendants, well knowing the facts herein above...

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