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MARCAL PAPER MILLS, INC. v. SCOTT PAPER COMPANY

Civ. A. No. 31-66.

290 F.Supp. 43 (1968)

MARCAL PAPER MILLS, INC., Plaintiff, v. SCOTT PAPER COMPANY, Defendant.

United States District Court D. New Jersey, Civil Division.

August 7, 1968.

Attorney(s) appearing for the Case

O'Mara, Schumann, Davis & Hession, by James Hession, Jersey City, N. J., for plaintiff; Burns, Doane, Benedict, Swecker & Mathis, J. Preston Swecker and William L. Mathis, Washington, D. C., of counsel.

Pitney, Hardin & Kipp, by Clyde A. Szuch, Newark, N. J., for defendant; Gerald P. Norton, Covington & Burling, by Roberts B. Owen, Washington, D. C., and Robert Bramson, Philadelphia, Pa., of counsel.

OPINION

COOLAHAN, District Judge:

In this multi-faceted action, plaintiff sues to enjoin defendant from continuing to package certain of its paper products while employing certain symbols, words, and trade dress which plaintiff claims it has the exclusive right to use. Damages, an accounting, and costs are also sought. The first count of the Complaint asserts that defendant has, through its employment of a specific...

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