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DAY-BRITE LIGHTING, INC. v. STA-BRITE FLUORESCENT MFG. CO.

No. 19172.

308 F.2d 377 (1962)

DAY-BRITE LIGHTING, INC., Appellant, v. STA-BRITE FLUORESCENT MANUFACTURING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 26, 1962.

Attorney(s) appearing for the Case

Owen J. Ooms, Chicago, Ill., Roy A. Lieder, Frederick M. Woodruff, St. Louis, Mo., Louis S. Bonsteel, Miami, Fla., Ooms, Welsh & Bradway, Chicago, Ill., Gravely, Lieder & Woodruff, St. Louis, Mo. (Smathers, Thompson & Dyer, Miami, Fla., of counsel), for appellant.

Robert H. Givens, Jr., Miami, Fla., for appellee.

Before RIVES, JONES and GEWIN, Circuit Judges.

RIVES, Circuit Judge.

The appellant-plaintiff sued the appellee-defendant1 for infringement of plaintiff's trademark Day-Brite, and also for unfair competition and for infringement of other trademarks, copyrights and a design patent. The counts based on the design patent were dismissed by the district court and we are not asked to review that ruling.2 The district court entered judgment for the defendant based...

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