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CREAMETTE COMPANY v. MERLINO

No. 17262.

299 F.2d 55 (1962)

The CREAMETTE COMPANY, a Minnesota corporation, Appellant, v. Joseph MERLINO, a sole trader doing business as Major Italian Foods Company, Appellee.

United States Court of Appeals Ninth Circuit.

January 29, 1962.

Attorney(s) appearing for the Case

Arthur S. Caine, Minneapolis, Minn., and Fraser & Bogucki by Robert H. Fraser and Raymond A. Bogucki, Los Angeles, Cal., for appellants; Donald v. Bailey, Minneapolis, Minn., of counsel.

Edward Hilpert, Jr., Seattle, Wash., for appellee; Ferguson & Burdell, Seattle, Wash., of counsel.

Before POPE, JERTBERG and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge.

The Creamette Company, plaintiff below and appellant here, sought to obtain an injunction and damages for trade-mark infringement and unfair competition. Relief was denied, and Creamette appeals. The court below had jurisdiction under 15 U.S.C.A. §§ 1114(1), 1116, 1117, 1121 (the Lanham Trade-Mark Act) and 28 U.S.C. § 1338, as well as under 28 U.S.C. § 1332. We have jurisdiction under 28 U.S.C. § 1291 and Rule 54 (b...

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