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FROSTIE COMPANY v. DR. PEPPER COMPANY

No. 21836.

341 F.2d 363 (1965)

The FROSTIE COMPANY, Appellant, v. DR. PEPPER COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

February 12, 1965.

Attorney(s) appearing for the Case

Daphne Robert Leeds, Washington, D. C., Anthony Atwell, Dallas, Tex., David H. Semmes, John Gibson Semmes, Washington, D. C., Atwell, Grayson & Atwell, Dallas, Tex., Semmes & Semmes, Washington, D. C., for appellant.

B. Thomas McElroy, W. D. White, White, McElroy & White, Dallas, Tex., for appellee.

Before TUTTLE, Chief Judge, and BROWN and GEWIN, Circuit Judges.

TUTTLE, Chief Judge:

This is an appeal by the owner of the trademark "Frostie" when used in connection with the sale of a soft drink from an order of the trial court denying an injunction against infringement of its trademark and against unfair competition resulting from the use by the Dr. Pepper Company of the words "Frosty Pepper" prominently printed on the cartons of its soft drink product. The suit is brought under the Lanham Act, 15 U.S.C.A. §§ 1114...

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