AVALON HILL CO. v. GEBHARDT

[No. 104, September Term, 1960.]

224 Md. 52 (1961)

166 A.2d 740

AVALON HILL COMPANY v. GEBHARDT, ETC.

Court of Appeals of Maryland.

Motion for modification of opinion filed February 9, 1961.

Denied February 17, 1961.


Attorney(s) appearing for the Case

J. Thomas Nissel and Raymond G. Thieme, Jr., with whom were McDermott, Nissel & Thieme on the brief, for the appellant.

John W. Sause, Jr., with whom was J. Calvin Carney on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.


HENDERSON, J., delivered the opinion of the Court.

This appeal is from an order dismissing, after full hearing and extended testimony, a bill for an injunction and accounting against a competitor marketing a game involving the Battle of Gettysburg. The appellant contends that the box lid of the game of the defendant-appellee, known as "Change-it", is so similar to that of its game, known as "Gettysburg", "as probably to confuse the ordinary, casual purchaser."

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