CHECKER FOOD PRODUCTS CO. v. RALSTON PURINA CO.

No. 15345.

232 F.2d 477 (1956)

CHECKER FOOD PRODUCTS COMPANY, a corporation, Appellant, v. RALSTON PURINA COMPANY a corporation, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 25, 1956.


Attorney(s) appearing for the Case

Murray Steinberg, St. Louis, Mo. (Richard Marx and Melvin Friedman, St. Louis, Mo., were with him on the brief), for appellant.

John D. Pope, III, St. Louis, Mo. (Donald G. Leavitt, Frederick A. Judell, and Koenig & Pope, St. Louis, Mo., were with him on the brief), for appellee.

Before SANBORN, JOHNSEN and VOGEL, Circuit Judges.


SANBORN, Circuit Judge.

This is an appeal by the plaintiff (appellant) from a judgment dismissing its action brought in December, 1951, under the Trade-Mark Act, 15 U.S.C.A., §§ 1116, 1117, 1121, upon the claim that the defendant (appellee) had infringed the plaintiff's trade-mark rights in the name "Checker," and had engaged in unfair competition.

Each of the parties is a Missouri corporation with its principal place of business in St. Louis, Missouri...

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