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FOLMER GRAFLEX CORP. v. GRAPHIC PHOTO SERVICE

Civil Action No. 972.

45 F.Supp. 749 (1942)

FOLMER GRAFLEX CORPORATION v. GRAPHIC PHOTO SERVICE et al.

District Court, D. Massachusetts.

June 19, 1942.

Attorney(s) appearing for the Case

Irving U. Townsend, I. U. Townsend, Jr., and Emery, Booth, Townsend, Miller & Weidner, all of Boston, Mass., for plaintiff.

Worth Rowley, of Boston, Mass., for defendant.

FORD, District Judge.

Concluding that I have not given sufficient consideration to such cases as Coca-Cola Co. v. Koke Company of America et al., 254 U.S. 143, 41 S.Ct. 113, 65 L.Ed. 189, and Coty, Inc., v. Le Blume Import Co., Inc., 2 Cir., 292 F. 264, in holding the plaintiff's trade-mark, in order to acquire a secondary meaning, must indicate to the purchasing public the manufacturer as distinguished from indicating a common source...

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