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MOXIE CO. v. NOXIE KOLA CO. OF NEW YORK

29 F.Supp. 167 (1939)

MOXIE CO. v. NOXIE KOLA CO. OF NEW YORK, Inc., et al.

District Court, S. D. New York.

June 13, 1939.

Attorney(s) appearing for the Case

Roberts, Cushman & Woodberry, of Boston, Mass. (Benjamin B. Avery, of New York City, of counsel), for plaintiff.

J. T. Basseches, of New York City, for defendants.

LEIBELL, District Judge.

By this motion plaintiff seeks a preliminary injunction in a suit to enjoin infringement of plaintiff's registered trade mark "Moxie" and to restrain unfair competition by the defendants because of the use by them of the name "Noxie Kola" on a similar and competing product. Plaintiff also seeks to enjoin the use of the word "Noxie" by the defendants as a part of their corporate titles.

Plaintiff, The Moxie Company, is a Massachusetts...

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