R.B. Davis Co. v. Sher

This action seeks to enjoin the defendant from the use of the word "ChoCo-Lo-Malt" as a trade-mark and from other acts of unfair competition including the use of the containers in which he distributes his product.

Complainant is a New Jersey corporation with its principal place of business and factory at Hoboken, New Jersey. It manufactures and sells food products including a chocolate flavored food under the trade-mark "Cocomalt." Defendant, Sam Sher, trades under the name and style of "ChoCo-Lo-Malt Company." He resides at Newark, New Jersey. His product is sold and distributed from his…