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DAVID SHERMAN CORPORATION v. HEUBLEIN, INC.

No. 17582.

340 F.2d 377 (1965)

DAVID SHERMAN CORPORATION, Doing Business as the Sarnoff Company, Appellant, v. HEUBLEIN, INC., Doing Business as Ste Pierre Smirnoff, Fls, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied February 18, 1965.

Attorney(s) appearing for the Case

John D. Pope, III, St. Louis, Mo., made argument for appellant and filed brief with Gary L. Newtson, St. Louis, Mo.

Harold I. Kaplan, of Blum, Moscovitz, Friedman, Blum & Kaplan, New York, N. Y., made argument for appellee and filed brief with Jos. J. Gravely, St. Louis, Mo., and Alex Friedman, Martin J. Beran and Paul R. Dohl, of Blum, Moscovitz, Friedman, Blum & Kaplan, New York, N. Y.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.

BLACKMUN, Circuit Judge.

Heublein, Inc., distiller and distributor of Smirnoff vodka in the United States, instituted this action, based on alleged trademark infringement and unfair competition, (a) to enjoin David Sherman Corporation from using "Sarnoff" or any imitation of Heublein's name "Smirnoff" or of its "label or the color scheme and the design thereof" and (b) for an accounting and damages. The district court, 223 F.Supp. 430

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