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PEPSI-COLA COMPANY v. DR. PEPPER COMPANY

Civ. A. No. 62-865.

214 F.Supp. 377 (1963)

PEPSI-COLA COMPANY, Plaintiff, v. DR. PEPPER COMPANY, Defendant.

United States District Court W. D. Pennsylvania.

February 7, 1963.

Attorney(s) appearing for the Case

Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for plaintiff.

Webb, Mackey & Burden, Pittsburgh, Pa., for defendant.

WILLSON, District Judge.

Pepsi-Cola Company, the plaintiff, filed a complaint in this court on November 5, 1962. The complaint alleged that the action was brought under:

"* * * Sections 32-37, inclusive, and 39, of the Trademark Act of July 5, 1946, as amended (15 U.S.C. Sections 1114-1119, and 1121), and Sections 1338 and 1391 of the Judicial Code (28 U.S.C. Sections 1338 and 1391)."

Plaintiff is a corporation organized under the laws of the State...

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