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REDDY KILOWATT, INC. v. MID-CAROLINA ELECTRIC COOP.

No. 7290.

240 F.2d 282 (1957)

REDDY KILOWATT, Inc., Appellant, v. MID-CAROLINA ELECTRIC COOPERATIVE, Inc., and National Rural Electric Cooperative Association, Inc., Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 7, 1957.

Attorney(s) appearing for the Case

Wallace H. Martin, New York City (Carlisle Roberts, W. Croft Jennings, Roberts, Jennings, Thomas & Lumpkin, Columbia, S. C., and W. D. Keith, New York City, on the brief), for appellant.

C. Willard Hayes, Washington, D. C. (David W. Robinson, Columbia, S. C., Marion B. Holman, Batesburg, S. C., William M. Cushman, George T. Mobille, Washington, D. C., Robert D. Tisinger, Carrollton, Ga., and James F. Dreher, Columbia, S. C., on the brief), for appellees.

Before SOPER and SOBELOFF, Circuit Judges, and CHESNUT, District Judge.

SOPER, Circuit Judge.

This suit was brought to secure an injunction against the infringement of the trademark or service mark "Reddy Kilowatt", owned by Reddy Kilowatt, Inc., a Delaware corporation, which was plaintiff in the District Court. The mark is licensed to private electric light and power companies, which use it as a symbol to promote the consumption of electricity. The mark consists of an animated, humanized and fantastic cartoon or figure composed of a...

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