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ROYAL LACE PAPER WORKS v. PEST-GUARD PRODUCTS

No. 16195.

240 F.2d 814 (1957)

ROYAL LACE PAPER WORKS, Inc. and E. B. Mott Company, Appellants, v. PEST-GUARD PRODUCTS, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

January 9, 1957.

Attorney(s) appearing for the Case

Pinkney Grissom, Dallas, Tex., Chester Rohrlich, New York City, Morris Harrell, David M. Kendall, Jr., Dallas, Tex., Thompson, Knight, Wright & Simmons, Dallas, Tex., Lehman, Goldmark & Rohrlich, New York City, of counsel, for appellants.

Henry Klepak, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and JONES and BROWN, Circuit Judges.

HUTCHESON, Chief Judge.

This is an appeal from a judgment on the merits permanently enjoining defendants, Royal Lace Paper Works, Inc., hereafter called "Royal", a New York corporation, and E. B. Mott Co., hereafter called "Mott", a Texas corporation, from using the trade name "Bug Ban" or any colorable imitation of plaintiff's product trade name, "Bug Proof", in the manufacture, sale, or distribution of insecticide shelf or lining paper and related products.

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