Nu-Grape Bottling Co. v. Comati

HICKS, Circuit Judge.

Try-Me Beverage & Compound Company, appellee, plaintiff below, a partnership, engaged in producing and selling syrups and flavors for use in the manufacture of soft drink beverages, on June 21, 1926, granted to Nu-Grape Bottling Company, appellant, a partnership, defendant below, a bottler and distributor of soft drinks, a franchise to bottle and distribute for twenty years certain drinks known as Try-Me Beverages. Plaintiff was the owner of the trade-mark “Try-Me” and of a design letters patent No. 64568 for a distinctive bottle. The franchise granted appellant the right…