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MILES LABORATORIES, INC. v. FROLICH

No. 17491.

296 F.2d 740 (1961)

MILES LABORATORIES, INC., Appellant, v. Henry J. FROLICH, D/B/A Encino Chemicals, Appellee.

United States Court of Appeals Ninth Circuit.

December 26, 1961.

Attorney(s) appearing for the Case

William T. Woodson, Chicago, Ill., Reginald E. Caughey, Los Angeles, Cal., for appellant.

Woodson, Pattishall & Garner, Chicago, Ill., and Lyon & Lyon, Los Angeles, Cal., of counsel, for appellee.

Henry J. Frolich, in pro. per.

Before BARNES, MERRILL and BROWNING, Circuit Judges.

PER CURIAM.

The appellant contends that appellee's use of the trademark MILK-O-SELTZER in the sale of a medicinal preparation designed for the relief of headache and upset stomach infringes the appellant's trademark ALKA-SELTZER, used for the same purposes, and also that such use constitutes unfair competition. The United States District Court for the Southern District of California, Central Division, held to the contrary. We affirm the judgment of the District Court...

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