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CORNUCOPIA, INC. v. WAGMAN

No. 49834.

710 S.W.2d 882 (1986)

CORNUCOPIA, INC., Plaintiff-Appellant, v. Lee H. WAGMAN and Mark Zorensky, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied May 13, 1986.

Application to Transfer Denied June 17, 1986.

Attorney(s) appearing for the Case

Ralph W. Kalish, St. Louis, for plaintiff-appellant.

Thomas C. Walsh, St. Louis, for defendants-respondents.

REINHARD, Judge.

Plaintiff appeals from a judgment after a court trial denying the injunctive relief sought in its trademark infringement and unfair competition suit. We affirm.

Plaintiff's petition is in four counts, purporting to set forth in Count I a claim of unfair competition; in Count II a claim of common law trademark infringement; in Count III a claim of common law service mark infringement; and in Count IV a claim under § 417.051, RSMo 1978...

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