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SCHLITZ BREWING CO. v. HOUSTON ICE CO.

No. 326.

250 U.S. 28 (1919)

39 S.Ct. 401

63 L.Ed. 822

JOSEPH SCHLITZ BREWING COMPANY v. HOUSTON ICE & BREWING COMPANY ET AL.

Supreme Court of United States.

Decided May 19, 1919.

Attorney(s) appearing for the Case

Mr. Russell Jackson for petitioner. Mr. John W. McMillan was on the brief.

Mr. H.M. Garwood for respondents. Mr. Jesse Andrews and Mr. Walter H. Walne were on the brief.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a bill in equity brought to restrain the use of a trade-mark alleged to infringe the plaintiff's or at least to be used in a way that is calculated to deceive and unfairly to interfere with the plaintiff's good will. Both Courts have found for the defendant, 241 Fed. Rep. 817, 154 C.C.A. 519, so that the only question that we shall consider is whether upon inspection...

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