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BAYER CO. v. SHOYER

No. 8743.

27 F.Supp. 633 (1939)

BAYER CO., Inc., v. SHOYER et al.

District Court, E. D. Pennsylvania.

February 28, 1939.

Attorney(s) appearing for the Case

C. Russell Phillips and Montgomery & McCracken, all of Philadelphia, Pa. (Edward S. Rogers and David Rasch, both of New York City, of counsel), for plaintiff.

Michael Edelman, of Philadelphia, Pa., for defendant.

KALODNER, District Judge.

Complainant, in an equity suit involving trade mark infringement and unfair competition, seeks to restrain the defendants from advertising and selling the plaintiff's product — Bayer Aspirin Tablets — under labels alleged to simulate those of the plaintiff, and alleged to bear plaintiff's two trade marks "Bayer" and the "Bayer Cross", the latter a circular symbol upon which the word "Bayer" appears twice in the form of a cross...

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