FROSTIE COMPANY v. DR. PEPPER COMPANY

No. 23013.

361 F.2d 124 (1966)

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

United States Court of Appeals Fifth Circuit.

May 23, 1966.


Attorney(s) appearing for the Case

Daphne R. Leeds, Washington, D. C., Anthony Atwell, Atwell, Grayson & Atwell, Dallas, Tex., for appellant.

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

Before HUTCHESON, RIVES and BELL, Circuit Judges.


HUTCHESON, Circuit Judge:

This is an appeal from an order granting an injunction under the Lanham Act, 15 U.S.C. Sections 1114-1119, 1125(a), against trademark infringement and unfair competition by the Dr. Pepper Company. We agree with the result reached by the court below and accordingly affirm its decision.

This marks the second appearance of these litigants, and of this litigation before this Court. In our previous opinion,1

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