Wilson & Co. v. Best Foods, Inc.

ROSS, Circuit Judge.

The appellant was defendant in the court court below to a suit there brought by the present appellee, charging the defendant with infringement of the complainant’s trade-mark and unfair competition. In support of the bill a number of affidavits were filed, as also a motion for a preliminary injunction. The word “Nucoa” constitutes the appellee’s trade-mark, and the word “Pecoa” that subsequently used by the appellant, under which it is alleged to have carried on the unfair competition complained ot. The article sold by the respective parties was put up in one-pound cartons…