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FRANCE MILLING CO. v. WASHBURN-CROSBY CO.

No. 311.

7 F.2d 304 (1925)

FRANCE MILLING CO., Inc., v. WASHBURN-CROSBY CO., Inc.

Circuit Court of Appeals, Second Circuit.

April 6, 1925.

Attorney(s) appearing for the Case

Frank A. Whitely, of Minneapolis, Minn., Edward S. Rogers, of Chicago, Ill., and Harry D. Nims, of New York City, for appellant.

Darby & Darby, of New York City (Samuel E. Darby, Jr., of New York City, of counsel), for appellee.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

There was a good deal said at bar about fraud and wrongdoing, which we lay entirely aside. The reason for France's assumption of Gold Medal in 1905 was pardonable pride in his prize; there was no intent on his part to trade on Washburn's fame, nor is there any evidence that he ever did so trade.

We likewise lay aside all arguments based on registration of marks; these litigants must both stand on what...

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