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DIETENE COMPANY v. DIETRIM COMPANY

No. 15164.

225 F.2d 239 (1955)

DIETENE COMPANY, Appellant, v. DIETRIM COMPANY and Vitamin Industries, Inc., a corporation, Appellee.

United States Court of Appeals Eighth Circuit.

August 12, 1955.

Attorney(s) appearing for the Case

Gerrit P. Groen, Chicago, Ill. (Harold A. Prince, Grand Island, Neb., was with him on the brief), for appellant.

Philip B. Polster, St. Louis, Mo., for appellee.

Before SANBORN, JOHNSEN and VAN OOSTERHOUT, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from a judgment dismissing upon the merits the complaint of the plaintiff (appellant) in an action for trade-mark infringement and unfair competition.

The plaintiff is a Minnesota corporation which brought this action upon the claim that it owns the trade-mark "Dietene" for a fortified dietary food supplement which the plaintiff and its predecessors have been engaged in producing...

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