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JOHN H. WOODBURY v. WILLIAM A. WOODBURY CORPORATION

23 F.Supp. 768 (1938)

JOHN H. WOODBURY, Inc., v. WILLIAM A. WOODBURY CORPORATION et al.

District Court, S. D. New York.

June 13, 1938.

Attorney(s) appearing for the Case

Edward S. Rogers and John C. Pemberton, both of New York City (Edward S. Rogers, John C. Pemberton, and Clifton Cooper, all of New York City, of counsel), for plaintiff

Isaac Reiss, of New York City (Arthur A. J. Weglein, Isaac Reiss, and Elliot Paley, all of New York City, of counsel), for defendant Woodbury Corporation.

KNOX, District Judge.

If confusion between plaintiff's and defendants' goods is effectually to be avoided, it is necessary that the products of one company be clearly distinguishable from those of the other. My ingenuity at phrasemaking is insufficient to enable me to alight upon a legend which will, at once, satisfy the rights of plaintiff and be fully protective of the commercial requirements of defendants. The legend...

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