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ROCHELLE ASPARAGUS CO. v. PRINCEVILLE CANNING CO.

Civ. A. No. P-2101.

170 F.Supp. 809 (1959)

ROCHELLE ASPARAGUS COMPANY, Plaintiff, v. PRINCEVILLE CANNING COMPANY, Defendant.

United States District Court S. D. Illinois, N. D.

March 6, 1959.

Attorney(s) appearing for the Case

John Gibson Semmes, Washington, D. C., Edwin J. Sommer, Jr., Peoria, Ill., Gerald Fearer, Oregon, Ill., Miller, Thomas, Hickey & Collins, Rockford, Ill., for plaintiff.

Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., John R. Schnebly, Miller, Westervelt & Johnson, Peoria, Ill., for defendant.

MERCER, Chief Judge.

This is an action under 28 U.S.C. § 1338(a) for injunctive relief and damages against and for alleged copyright infringement, unfair trade practices and unfair competition.

In summary, the complaint alleges that plaintiff, Rochelle, an Illinois corporation, has developed and owns a copyrighted label, entitled "Rochelle Brand Green Asparagus Spears", which it uses in the marketing of canned whole-spear asparagus. (Copyright Certificate...

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