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PRICE FOOD COMPANY v. GOOD FOODS, INC.

No. 18012.

400 F.2d 662 (1968)

PRICE FOOD COMPANY, Inc., Plaintiff-Appellant, v. GOOD FOODS, INC., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

August 23, 1968.

Attorney(s) appearing for the Case

W. J. Michael Cody, Memphis Tenn., for appellant, Lucius E. Burch, Jr., Burch, Porter & Johnson, Memphis, Tenn., H. J. Loe, Fort Worth, Tex., on brief.

Carl H. Langschmidt, Jr., Memphis, Tenn., for appellee, Ralph E. Kelly, Memphis, Tenn., on brief, Boone, Boone, Langschmidt & Pemberton, Memphis, Tenn., of counsel.

Before O'SULLIVAN, PHILLIPS, and PECK, Circuit Judges.

O'SULLIVAN, Circuit Judge.

The lawsuit involved in this appeal began when appellant, Price Food Company, Inc., filed a complaint for injunctive relief against appellee, Good Foods, Inc., seeking to enjoin the latter concern from marketing pimento cheese spread so packaged and labeled as to be nearly identical in appearance to that of Price Food, thereby causing confusion to consumer-purchasers and appropriating the good will...

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