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DIETENE CO. v. DIETRIM CO.

Civ. No. 87-52.

121 F.Supp. 785 (1954)

DIETENE CO. v. DIETRIM CO. et al.

United States District Court D. Nebraska, Omaha Division.

June 21, 1954.

Attorney(s) appearing for the Case

Harold A. Prince, Grand Island, Neb., Wilkinson, Huxley, Byron & Hume (Gerrit P. Groen), Chicago, Ill., for plaintiff.

Abrahams & Kaslow (Ben E. Kaslow), Omaha, Neb., Seymour Smith, Omaha, Neb., for defendant.

DONOHOE, Chief Judge.

This action was instituted by the Dietene Company, a Minnesota Corporation, to enjoin the defendant, Vitamin Industries, a Nebraska corporation, from using the mark "Dietrim" as applied to a reducing supplement because it is confusingly similar to "Dietene", a mark which plaintiff registered under the Trade-Mark Act and also used to identify a reducing supplement. Since plaintiff charges infringement of a trade-mark registered in the United States...

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