J. R. WOOD AND SONS, INC. v. REESE JEWELRY CORPORATION

No. 209, Docket 25883.

278 F.2d 157 (1960)

J. R. WOOD AND SONS, INC., Plaintiff-Appellee, v. REESE JEWELRY CORPORATION, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 5, 1960.


Attorney(s) appearing for the Case

Robert E. Burns, New York City, for appellant.

Kennard N. Ware, Philadelphia, Pa. (Margaret W. Smith and Howson & Howson, New York City, on the brief), for appellee.

Before CLARK, MOORE and FRIENDLY, Circuit Judges.


MOORE, Circuit Judge.

Plaintiff, J. R. Wood & Sons Inc., a manufacturer of wedding, engagement and other diamond rings, commenced a trademark infringement suit against Reese Jewelry Corporation, a manufacturer of the same type of rings, claiming that plaintiff's trademark "Artcarved" was infringed by defendant's mark "Art ♦ Crest." Although the trial court found that there was "no substantial evidence of actual confusion or of damage to plaintiff...

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