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AMERICAN CRAYON CO. v. PRANG CO.

No. 618.

28 F.2d 515 (1928)

AMERICAN CRAYON CO. v. PRANG CO.

District Court D. Delaware.

October 18, 1928.

Attorney(s) appearing for the Case

Carl P. Goepel, of New York City, Charles E. Frohman, of Sandusky, Ohio, and William G. Mahaffy, of Wilmington, Del., for plaintiff.

Clifford E. Dunn and David A. Woodcock (of Duell, Dunn & Anderson), both of New York City, and Charles F. Curley, of Wilmington, Del., for defendant.

MORRIS, District Judge.

By bill of complaint and counterclaim the parties charge each other with trade-mark infringement and unfair competition. Each claims the right to use the word "Prang" as the name or mark for certain school and art supplies and that the other has infringed that right. To support and establish its alleged right, each relies upon a distinct contract made by it with the Prang Company, a Maine corporation established in 1856, whose school and art...

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