KING-SEELEY THERMOS CO. v. ALADDIN INDUSTRIES, INC.

No. 284, Docket 27965.

321 F.2d 577 (1963)

KING-SEELEY THERMOS CO., Plaintiff-Appellant, v. ALADDIN INDUSTRIES, INCORPORATED, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 11, 1963.


Attorney(s) appearing for the Case

Nims, Martin, Halliday, Whitman & Bonynge, New York City (Walter J. Halliday, Oliver P. Howes, Jr., William H. Buchanan, M. L. Severn, New York City, of counsel), for appellant.

Dugald S. McDougall, Theodore R. Scott, Chicago, Ill., Curtiss K. Thompson, New Haven, Conn., for appellee.

Before LUMBARD, Chief Judge, and WATERMAN and MOORE, Circuit Judges.


LEONARD P. MOORE, Circuit Judge.

This action by brought by appellant King-Seeley Thermos Co. (King-Seeley)1 to enjoin the defendant, Aladdin Industries, Incorporated from threatened infringement of eight trademark registrations for the word "Thermos" owned by appellant. Defendant answered, acknowledging its intention to sell its vacuum-insulated containers as "thermos bottles", asserted that the term "thermos" or "thermos bottle" is a...

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