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VITA-VAR CORPORATION v. ALUMATONE CORPORATION

No. 8413-Y.

83 F.Supp. 214 (1949)

VITA-VAR CORPORATION v. ALUMATONE CORPORATION.

United States District Court, S. D. California, Central Division.

Findings of Fact and Conclusions of Law April 1, 1949.

Attorney(s) appearing for the Case

Lyon & Lyon, Leonard S. Lyon and Charles G. Lyon, all of Los Angeles, Cal., for plaintiff.

Fred H. Miller, of Los Angeles, Cal., and Charles S. Evans and Hugh N. Orr, both of San Francisco, Cal., for defendant.

YANKWICH, District Judge.

The above-entitled cause heretofore tried, argued and submitted, is now decided as follows:

Judgment is ordered as follows: (1) that plaintiff take nothing by the Complaint against the defendant, and (2) that defendant take nothing by the counterclaim against the plaintiff. Neither side to recover costs.

Comment

The litigation relates to Trade Mark Registration No. 252,109. I am led to the conclusion that the plaintiff...

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