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STORM WATERPROOFING CORPORATION v. L. SONNEBORN SONS

No. 690.

31 F.2d 992 (1929)

STORM WATERPROOFING CORPORATION v. L. SONNEBORN SONS, Inc.

District Court, D. Delaware.

April 6, 1929.

Attorney(s) appearing for the Case

Robert H. Richards, of Wilmington, Del., and Charles H. Wilson and C. C. Cousins, both of New York City, for plaintiff.

Hastings, Stockly & Morris, of Wilmington, Del., and A. S. Gilbert, of New York City, for defendant.

MORRIS, District Judge.

The plaintiff, alleging its ownership of the word "Stormtite," registered by it under the act of 1905 (15 USCA §§ 81-109), as a trade-mark for waterproofing paint or other material for use on wall, roofs and masonry surfaces and the infringement of that mark by defendant's use of the word "Stormtight" as a trademark for like materials, seeks by its bill of complaint, the usual relief in equity.

The defendant denies plaintiff...

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