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MEAD JOHNSON & COMPANY v. BABY'S FORMULA SERVICE, INC.

No. 25241.

402 F.2d 19 (1968)

MEAD JOHNSON & COMPANY, Appellant, v. BABY'S FORMULA SERVICE, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

October 10, 1968.

Attorney(s) appearing for the Case

Thomas McE. Johnston, Miami, Fla., Richard E. Alexander, Alexander & Speckman, Henry C. Krasnow, Chicago, Ill., John T. Lanahan, Evansville, Ind., for appellant.

Robert C. Lane, Stanley L. Lester, Lester, Oppenheimer & Gorman, Miami, Fla., for appellees.

Before TUTTLE, COLEMAN and MORGAN, Circuit Judges.

TUTTLE, Circuit Judge:

This case presents the unusual situation of the successful plaintiff in the trial court appealing here because it did not receive all the relief to which it felt entitled. It is a trademark infringement case which resulted in a finding by the trial court of infringement by the appellee Baby's Formula Service, Inc., of Mead-Johnson's trademark ENFAMIL, and in which the court enjoined further infringement but dismissed all proceedings against...

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