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COTTON'S BAKERS v. SMITH'S BAKERY

No. 41807.

241 Miss. 317 (1961)

130 So.2d 570

COTTON'S HOLSUM BAKERS, INC., et al. v. SMITH'S BAKERY, INC.

Supreme Court of Mississippi.

May 29, 1961.

Attorney(s) appearing for the Case

Benton & Moseley, Baton Rouge, La.; Brandon, Brandon, Hornsby & Handy, Natchez, for appellants.

Inge, Twitty & Duffy, Mobile, Ala.; Laub, Adams, Forman & Truly, Natchez, for appellee.

GILLESPIE, J.

(Hn 1) The decisive question in this case is whether appellee abandoned the use of the trademark "Holsum" on yeast raised bakery products sold and distributed within a certain area of South Mississippi. We hold that the chancellor was justified in finding that it had not abandoned the use of said trademark.

The appellee, Smith's Bakery, Inc., herein referred to as Smith, filed this suit...

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