The Law of Unfair Competition And Trademarks, With Chapters On Good-Will, Trade Secrets, Defamation of Competitors And Their Goods, Registration of Trade-Marks Under the Federal Trade-Mark Act, Price Cutting, Etc

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Frank Chicory Co., 95 Fed. 818-1899 (C. C. E. D. Wis.). Complainants were the American branch of a German firm that had long made and sold chicory as a substitute for coffee.
Their product, put up in red packages of cylindrical shape, was somewhat pop- ular in the vicinity of Milwaukee. Defendant's company was afterward or- ganized and made and sold, in the neighborhood of Milwaukee, a similar product, put up in packages of similar shape and color, with labels of similar design, bearing the nam
...e "Frank Chicory Co." The name Frank was afterward with- drawn. Held, unfair competition. Injunction granted against the use of the same color as well as against the use of a similar label and the name "Frank." Liebig's Extract of Meat Co., Ltd., v. Libby, McNeill & Libby, 103 Fed. 87-1900 (C. C. N. D. 111.). The complainant had possessed a trade in its product for more than thirty years, and for many years its trade had been of great extent, aided by large expenditures for advertising. The defendant entered the market with an extract well distinguished in the marking and color of the package, but sub- sequently adopted a dress for its goods which clearly simulated that of the com- plainant, and was calculated to deceive.

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