J. N. Collins Co. v. F. M. Paist Co.

THOMPSON, District Judge.

This is a suit to restrain alleged unfair competition m trade, with an accounting for profits and recovery of damages. The plaintiff and defendant are now and have been for many years engaged in the manufacture of the candy familiarly known as “butter scotch.” The plaintiff; by reason of the use of honey as a flavoring material in its product, designates it by the trade-mark name “Honey Scotch.” Butter scotch is and has been made by both the plaintiff and defendant and other manufacturers in small square pieces or tablets, each wrapped in yellow wax paper.

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