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H.P. HOOD & SONS, INC. v. WHITING MILK CO.

345 Mass. 287 (1963)

186 N.E.2d 904

H.P. HOOD & SONS, INC. vs. WHITING MILK COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

January 4, 1963.

Attorney(s) appearing for the Case

Arthur D. Thomson (Jerome E. Weinstein with him) for the plaintiff.

Harold Lavien for the defendant.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

CUTTER, J.

Hood seeks to enjoin Whiting from "unfairly competing with" it by using milk cartons "substantially identical in size and shape" and colored in a combination of red and white "closely similar ... in ... tone" to that used by Hood, which Hood alleges "had acquired a secondary significance designating ... [Hood] as the source of origin of the ... milk ... sold in ... [such] cartons." On information and belief, Hood alleges that Whiting "deliberately discontinued...

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