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OLD DUTCH FOODS, INC. v. DAN DEE PRETZEL & POTATO CHIP CO.

Civ. No. C67-832.

345 F.Supp. 1399 (1972)

OLD DUTCH FOODS, INC., Plaintiff, v. DAN DEE PRETZEL & POTATO CHIP CO., and Berg's Bretzels, Inc., Defendants.

United States District Court, N. D. Ohio, E. D.

March 10, 1972.

Attorney(s) appearing for the Case

Donald A. Teare, Albert R. Teare, Teare, Teare & Sammon, Cleveland, Ohio, and Phillip H. Smith, Minneapolis, Minn., for plaintiff.

Charles R. Rust, Woodling, Krost, Granger & Rust, Cleveland, Ohio, for defendant.

MEMORANDUM, OPINION AND ORDER

KRUPANSKY, District Judge.

This is an action by petitioner arising under the Trademark Act of July 5, 1946, 15 U.S.C. § 1051 et seq. Jurisdiction of the Court is invoked pursuant to 28 U.S.C. § 1338.

Plaintiff seeks to enjoin defendant from using the plaintiff's trademark name "OLD DUTCH" or any word or words confusingly similar to the mark "OLD DUTCH". All parties have submitted the case to the Court for decision...

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