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LAND O'LAKES CREAMERIES, INC. v. OCONOMOWOC CANNING CO.

No. 59-C-234.

199 F.Supp. 124 (1961)

LAND O'LAKES CREAMERIES, INC., Plaintiff, v. OCONOMOWOC CANNING COMPANY, Defendant.

United States District Court E. D. Wisconsin.

November 21, 1961.

Attorney(s) appearing for the Case

Marvin E. Klitsner and Lyman A. Precourt, Milwaukee, Wis., Harold Jordan, St. Paul, Minn., Arnold B. Christen, Washington, D. C., of counsel, for plaintiff.

Gerrit D. Foster and Paul R. Puerner, Milwaukee, Wis., for defendant.

GRUBB, District Judge.

This is an action to cancel trade-mark registrations, for trade-mark infringement and unfair competition, and for other relief. Defendant has moved to dismiss the claim relating to cancellation of the trade-mark registrations on the grounds of lack of jurisdiction and failure to state a claim.

1. Lack of Jurisdiction

Defendant contends that plaintiff failed to commence this action within the time limits set by statute...

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