AMERICAN CHICLE CO. v. TOPPS CHEWING GUM

Civ. No. 10443.

111 F.Supp. 224 (1953)

AMERICAN CHICLE CO. v. TOPPS CHEWING GUM, Inc., et al.

United States District Court E. D. New York.

April 1, 1953.


Attorney(s) appearing for the Case

Frank Makara, New York City (W. Lee Helms and A. J. Nydick, New York City, of counsel), for plaintiff.

Pennie, Edmonds, Morton, Barrows & Taylor and George E. Middleton, New York City, (George E. Middleton, New York City, of counsel), for defendants.


BYERS, District Judge.

This is an unfair competition cause in which is involved a charge of trade-mark infringement. The respective parties manufacture and sell candy coated chewing gum, but only that in which peppermint flavor is used is involved in this controversy, and seemingly that is the sole flavor used by the defendant.

The issues, though somewhat elaborately pleaded, are as substantially stated above.

The defendant's counterclaim prays for...

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