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DWINELL-WRIGHT CO. v. WHITE HOUSE MILK

No. 494.

44 F.Supp. 423 (1942)

DWINELL-WRIGHT CO. v. WHITE HOUSE MILK CO., Inc.

District Court, W. D. New York.

February 11, 1942.

Attorney(s) appearing for the Case

Frederick R. Twelvetrees, of Buffalo, N. Y. (Mason, Fenwick & Lawrence and Edward G. Fenwick, all of Washington, D. C., of counsel), for plaintiff.

Munn, Liddy, Glaccum & Kane, of New York City (Feldman, Kittelle, Campbell & Ewing, of Washington, D. C., Orson D. Munn and Sylvester J. Liddy, both of New York City, and Sumner S. Kittelle, of Washington, D. C., of counsel), for defendant.

BURKE, District Judge.

The plaintiff brings this action to enjoin the defendant's use of its trade-mark "White House" associated with a picture of the Executive Mansion in connection with the sale of canned evaporated milk and similar products and for damages resulting from such use. The plaintiff and its predecessors have used the words "White House" associated with a picture of the White House in connection with the sale of coffee continuously since 1888 and have...

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