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A.J. CANFIELD CO. v. CONCORD BEVERAGE CO.

Civ. A. No. 85-5085.

629 F.Supp. 200 (1985)

A.J. CANFIELD COMPANY v. CONCORD BEVERAGE COMPANY.

United States District Court, E.D. Pennsylvania.

December 23, 1985.

Attorney(s) appearing for the Case

Richard H. Compere, Chicago, Ill., for plaintiff.

Arthur H. Seidel, Philadelphia, Pa., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SCIRICA, District Judge.

Subsequent to filing a complaint for federal and common law unfair competition, plaintiff petitioned for a preliminary injunction forbidding use of the designation "Chocolate Fudge" in connection with the defendant's diet chocolate fudge soda. At a hearing on the motion, each side presented testimony and expert evidence. On the basis of the following findings of fact and conclusions of law...

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