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AMERICAN CHICLE CO. v. TOPPS CHEWING GUM

No. 145, Docket 22856.

210 F.2d 680 (1954)

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

United States Court of Appeals Second Circuit.

Decided March 4, 1954.

Attorney(s) appearing for the Case

W. Lee Helms, Nims, Martin, Halliday, Whitman & Williamson, New York City, A. J. Nydick, New York City, of counsel, for plaintiff-appellant-appellee.

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

Before FRANK, MEDINA and HINCKS, Circuit Judges.

FRANK, Circuit Judge.

The District Court found defendants guilty of unfair competition, and accordingly enjoined them from marketing "Clor-Aids" in a package similar to plaintiff's "Clorets." We affirm that part of the judgment on the opinion below, 112 F.Supp. 848 at page 850.

The District Court also held that defendants' trade-name "Clor-Aid" does not infringe plaintiff's trade-name "Clorets." We agree. Since (thanks...

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