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FRAM CORPORATION v. BOYD

No. 15590.

230 F.2d 931 (1956)

FRAM CORPORATION, Appellant, v. W. E. BOYD, d/b/a Web Filter Company, Appellee.

United States Court of Appeals Fifth Circuit.

March 16, 1956.

Attorney(s) appearing for the Case

John A. Erhard, A. Philip Wilson, Jr., Dallas, Tex., S. Everett Wilkins, Jr., Gen. Counsel, Fram Corp., Providence, R. I., for appellant.

Chas. F. Potter, Tyler, Tex., Spruiell, Lowry, Potter & Lasater, Tyler, Tex., for appellee.

Before BORAH, TUTTLE and JONES, Circuit Judges.

BORAH, Circuit Judge.

The appellant, Fram Corporation, brought suit in the District Court to perpetually enjoin W. E. Boyd, doing business as Web Filter Company: (1) from infringement of plaintiff's registered trade-mark "Fram",1 (2) from infringement of plaintiff's alleged common-law trade-mark, and (3) from engaging in unfair competition; and prayed for an accounting of profits and for damages...

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