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HERSHEY FOODS CORP. v. HERSHEY CREAMERY CO.

No. 90-5892.

945 F.2d 1272 (1991)

HERSHEY FOODS CORPORATION v. HERSHEY CREAMERY COMPANY, Appellant. HERSHEY CREAMERY COMPANY, Counter-Claimant, v. HERSHEY FOODS CORPORATION, Counter-Defendant.

United States Court of Appeals, Third Circuit.

Decided October 3, 1991.

Attorney(s) appearing for the Case

Herbert F. Schwartz (argued), Susan Progoff, Mark D. Engelmann, Vicki S. Veenker, Fish & Neave, New York City, R. Stephen Shibla, Rhoads & Sinon, Harrisburg, Pa., for appellant, Hershey Creamery Co.

David E. Lehman (argued), Rod J. Pera, McNees, Wallace & Nurick, Harrisburg, Pa., Nims, Howes, Collison & Isner, New York City, for appellee, Hershey Foods Corp.

Before BECKER, NYGAARD and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal is a tale of two courts. Appellant Hershey Creamery Company ("Hershey Creamery") and appellee Hershey Foods Corporation ("Hershey Foods") are locked in a struggle for the perceived advantage of litigating rights in the HERSHEY'S trademark in their preferred federal district courts. Both parties' predecessors began producing and marketing food products in Hershey, Pennsylvania, around the turn of the...

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