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PENNZOIL CO. v. CROWN CENTRAL PETROLEUM CORPORATION

Civil Action No. 1293.

50 F.Supp. 891 (1943)

PENNZOIL CO. et al. v. CROWN CENTRAL PETROLEUM CORPORATION.

District Court, D. Maryland.

July 15, 1943.

Attorney(s) appearing for the Case

John S. Powers, of Buffalo, N. Y., Southgate L. Morison and Ritchie, Janney, Ober & Williams, all of Baltimore, and Joseph W. Milburn, of Washington, D. C., for plaintiffs.

Karl F. Steinman and Edwin H. Brownley, both of Baltimore, Md., and Edward G. Fenwick, of Washington, D. C., for defendant.

CHESNUT, District Judge.

In this case the plaintiffs seek an injunction and accounting for profits and damages from the defendant for alleged infringement of a federally registered trademark and for related unfair competition. The defenses are (1) that the plaintiffs' trade-mark is invalid because descriptive; (2) the defendant's mark is not an infringement by colorable imitation or otherwise; (3) that there was no unfair competition either actual or constructive...

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