FRITO-LAY, INC., a corporation, Appellant,
v.
MORTON FOODS, INC., a corporation, and William T. Willis, Appellees.
United States Court of Appeals Tenth Circuit.https://leagle.com/images/logo.png
April 18, 1963.
Rehearing Denied May 20, 1963.
Attorney(s) appearing for the Case
Gerrit P. Groen, Chicago, Ill. (Dean A. Olds of Byron, Hume, Groen & Clement, Chicago, Ill., and Ernest P. Rogers of Smith, Kilpatrick, Cody, Rogers & McClatchey, Atlanta, Ga., Byrne A. Bowman of Felix, Bowman, Templin & McIntyre, Oklahoma City, Okl., and Jack Johannes, Dallas, Tex., of counsel, were with him on the brief) for appellant.
Melvin R. Jenney, Boston, Mass. (Richard R. Hildreth and Clarence S. Lyon of Kenway, Jenney & Hildreth, Boston, Mass., and Gordon F. Rainey and Dan M. Welch of Rainey, Flynn & Welch, Oklahoma City, Okl., were with him on the brief) for appellees.
Before BRATTON, LEWIS and HILL, Circuit Judges.
United States Court of Appeals Tenth Circuit.
LEWIS, Circuit Judge.
Appellant brought suit against appellee1 in the District Court for the Western District of Oklahoma alleging unfair competition and trademark infringement and seeking an injunction and treble damages allegedly sustained when the appellee marketed a snack-food product under the name of "Chip-O's." Appellant has been producing and selling various snack-foods under names carrying similar pseudo-Spanish suffixes, such...
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