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SPICE ISLANDS COMPANY v. SPICE LAND PRODUCTS

No. 76, Docket 25226.

262 F.2d 356 (1959)

SPICE ISLANDS COMPANY, a corporation, Plaintiff-Appellee, v. SPICE LAND PRODUCTS, Inc., a corporation, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 8, 1959.

Attorney(s) appearing for the Case

William G. MacKay, San Francisco, Cal. (Mock & Blum, New York City, on the brief), for plaintiff-appellee.

Kermit Gitenstein, Brooklyn, N. Y., for defendant-appellant.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.

PER CURIAM.

Our review of the district court's judgment presents the question of whether defendant's use of the mark "Spice Land" on its spice products infringes the plaintiff's registered mark "Spice Islands" for similar products. We agree with Judge Abruzzo that the defendant has infringed the plaintiff's valid mark, and we affirm the judgment enjoining the defendant from the use of "Spice Land" as a trademark or designation in connection with packing, processing...

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