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O M SCOTT & SONS COMPANY v. SUROWITZ

Civ. A. No. 20692.

209 F.Supp. 59 (1962)

The O M SCOTT & SONS COMPANY, a foreign corporation, Plaintiff, v. Morton SUROWITZ, d/b/a Morton's Nursery Sales; Floyd Gasdick, d/b/a Shirley's Flower Shop; Duncan L. Gillis, d/b/a Duncanwyllo's Flowers; Louis Sloan, d/b/a Sloan Nursery; and Scot's Flower and Garden Center, Inc., Defendants.

United States District Court E. D. Michigan, S. D.

September 25, 1962.

Attorney(s) appearing for the Case

William Mazey (Rothe, Marston, Masey, Sachs & O'Connell), Detroit, Mich., Thomas A. Rothwell, Marysville, Ohio, for plaintiff.

Hicks G. Griffiths, Richard G. Eubank, Gabriel Glantz, Detroit, Mich., for defendants.

THORNTON, District Judge.

The complaint filed by plaintiff alleges trademark infringement and unfair competition. The background of the controversy as it was developed at the trial is important because our determination depends upon a viewing of the circumstances here present in their proper perspective. At first glance we seem to be confronted with a paradox. It appears on the surface that defendants are not literally infringing a trademark of plaintiff's, and that...

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