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SWEETARTS v. SUNLINE, INC.

No. 64 C 226(2).

299 F.Supp. 572 (1969)

SWEETARTS, an Oregon corporation, Plaintiff, v. SUNLINE, INC., a Missouri corporation, and Menlo F. Smith, Defendants.

United States District Court E. D. Missouri, E. D.

March 27, 1969.

Attorney(s) appearing for the Case

John D. Pope, III, St. Louis, Mo., for plaintiff.

Ralph W. Kalish, St. Louis, Mo., for defendants.

MEMORANDUM

MEREDITH, District Judge.

Sweetarts, an Oregon corporation, filed suit against Sunline, Inc., a Missouri corporation, and Menlo F. Smith, an individual, alleging that the defendants' use of "SweeTarts" on candy violated the plaintiff's trademark. This Court held, in a decision reported at 255 F.Supp. 771, that the plaintiff's trademark registration for use on dried prunes was invalid for lack of use, and that...

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