NEUHOFF BROS. v. OSCAR MAYER PACKING CO.

Civ. No. 4888.

112 F.Supp. 68 (1953)

NEUHOFF BROS. v. OSCAR MAYER PACKING CO., Inc. et al.

United States District Court N. D. Texas, Dallas Division.

February 18, 1953.


Attorney(s) appearing for the Case

Turner, Rodgers, Winn, Scurlock & Terry, Lon Sailers, and George S. Terry, Dallas, Tex., for plaintiff.

Thompson, Knight, Wright & Simmons, Dallas, Tex., by Geo. S. Wright, Dallas, Tex., Raymond L. Greist, Chicago, Ill., for defendants.


ATWELL, Chief Judge.

Speaking generally, at first, a trade-mark, as I understand it, cannot be a color, because the number of colors is limited. And, it would be manifestly unfair to grant exclusive use of a color to any individual.

A trade-mark cannot be a package, or, a container. The only reason that those thoughts are presented, is, because the evidence here covers a large field, both by the plaintiffs, and, the defendants. Colors, in packaging, and, names...

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