FROLICH v. MILES LABORATORIES, INC.

No. 18279.

316 F.2d 87 (1963)

Henry J. FROLICH, d/b/a Encino Chemicals, Plaintiff-Appellant, v. MILES LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals Ninth Circuit.

April 10, 1963.


Attorney(s) appearing for the Case

Henry J. Frolich, Encino, Cal., in pro. per.

Woodson, Pattishall & Garner and William T. Woodson, Chicago, Ill., Lyon & Lyon and Reginald E. Caughey, Los Angeles, Cal., for appellee.

Before BARNES, MERRILL and BROWNING, Circuit Judges.


BARNES, Circuit Judge.

This is an appeal from the granting of a summary judgment by the trial court. It is a diversity case. (Facts supporting diversity jurisdiction were pleaded, but not that it was such a case.) Defendant-appellee herein originally (in another action) sued plaintiff-appellant herein to enjoin Frolich's use of the trademark "Milk-O-Seltzer," alleging infringement with Miles Laboratories' "Alka-Seltzer" trademark. The district court found no infringement...

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