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McCORMICK & CO. v. B. MANISCHEWITZ CO.

No. 11687.

206 F.2d 744 (1953)

McCORMICK & CO., Inc., v. B. MANISCHEWITZ CO.

United States Court of Appeals Sixth Circuit.

As Amended on Denial of Rehearing October 7, 1953.

Attorney(s) appearing for the Case

C. Willard Hayes, Washington, D. C. (Wood, Herron & Evans, by Truman A. Herron, Cincinnati, Ohio, Cushman, Darby & Cushman, by William M. Cushman and C. Willard Hayes, Washington, D. C., on the brief), for appellant.

Asher Blum, New York City (Zugelter & Zugelter, Cincinnati, Ohio, on the brief; Mock & Blum, New York City, of counsel), for appellee.

Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.

SIMONS, Chief Judge.

The suit was for infringement of a trade-mark and sought injunction and damages for both infringement and unfair competition. The District Court denied the injunction and dismissed the bill. The record discloses the following facts fairly established by the evidence.

The appellant, plaintiff below, had been for many years engaged in the business of manufacturing, packing, and distributing flavoring extracts, spices, condiments, insecticides...

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