CREAMETTE COMPANY v. MERLINO

No. 17262.

289 F.2d 569 (1961)

CREAMETTE COMPANY, Appellant, v. Joseph MERLINO, d/b/a Major Italian Foods Company, Appellee.

United States Court of Appeals Ninth Circuit.

April 13, 1961.


Attorney(s) appearing for the Case

Arthur S. Caine, and Donald V. Bailey, Minneapolis, Minn., for appellant.

Ferguson & Burdell and Edward Hilpert, Jr., Seattle, Wash., for appellee.

Before POPE, HAMLIN and MERRILL, Circuit Judges.


PER CURIAM.

The appellant, plaintiff below, brought an action against the appellee claiming trade mark infringement and unfair competition on the part of the defendant who, like the plaintiff, was a manufacturer of macaroni products. Injunctive relief was sought. This relief was denied in part because of the trial court's finding that because of the packaging of defendant's products in certain bags of certain colors, there was a distinct dissimilarity between defendant...

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