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MEDD v. BOYD WAGNER, INCORPORATED

Civ. No. 7214.

132 F.Supp. 399 (1955)

Cecil R. MEDD, Mildred I. Medd, Richard L. Medd and Robert R. Medd, Ralph C. Medd and Ronald A. Medd, co-partners doing business as Dairy Queen Stores of Ohio, Plaintiffs, v. BOYD WAGNER, Incorporated, an Ohio corporation, Earl E. Turk, Verl B. Stevenson, Elmer H. Culver, Frieda Hough Culver, F. G. Koehl and Charles Barton, Defendants.

United States District Court N. D. Ohio, W. D.

June 10, 1955.

Attorney(s) appearing for the Case

Fuller, Harrington, Seney & Henry, Toledo, Ohio, Johnston, Thompson, Raymond & Mayer, Chicago, Ill., for plaintiffs.

Freeman Crampton, Toledo, Ohio, Chester Pendleton, Thos. A. Orndorff, Findlay, Ohio, Milton C. Boesel, Toledo, Ohio, Martin L. Hanna, Bowling Green, Ohio, Andrew J. Conroy, Judson J. Allgood, Peck, Shaffer & Williams, Cincinnati, Ohio, for defendants.

KLOEB, District Judge.

This is an action to restrain the unauthorized use of the trade name "Dairy Queen" and of the trade phrase "The Cone with the Curl on Top".

Plaintiffs seek to prevent defendants, in the absence of consent of plaintiffs, from using the trade name "Dairy Queen" and the trade phrase "The Cone with the Curl on Top" in the vending of soft frozen ice milk, and from representing to the public that they are part of the "Dairy Queen" organization...

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