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SQUIRREL BRAND COMPANY v. BARNARD NUT CO.

No. 15264.

224 F.2d 840 (1955)

SQUIRREL BRAND COMPANY, Appellant, v. BARNARD NUT CO., Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 13, 1955.

Attorney(s) appearing for the Case

Wm. B. Spann, Jr., Atlanta, Ga., Francis W. Sams, Miami, Fla., Cedric W. Porter, Boston, Mass., Francis Browne, Washington, D. C., Alston, Sibley, Miller, Spann & Shackelford, Atlanta, Ga., for appellant. Mead, Browne, Schuyler & Beveridge, Washington, D. C., Heard, Smith, Porter & Chittick, Boston, Mass., of counsel.

Graham C. Miller, Miami, Fla., Miller, Pearson & Miller, Miami, Fla., for appellee. Armand J. Brissette, Jr., New York City, of counsel.

Before RIVES and CAMERON, Circuit Judges, and DAWKINS, District Judge.

CAMERON, Circuit Judge.

This appeal presents the question whether the District Court was clearly erroneous in its finding that defendant, in using the picture of a squirrel on its labels and advertising, did not infringe plaintiff's registered trademark and did not unfairly compete with plaintiff. Squirrel Brand Company, appellant, as plaintiff below, sued Barnard Nut Company, Inc., appellee, defendant below, demanding injunctive relief and damages for claimed infringement...

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