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FINCHLEY, INC., v. FINCHLY CO., INC.

40 F.2d 736 (1929)

FINCHLEY, Inc., v. FINCHLY CO., Inc.

District Court, D. Maryland.

June 11, 1929.

Attorney(s) appearing for the Case

Cox & Campbell, of New York City (Clarence G. Campbell, of New York City, of counsel), and Haman, Cook, Chesnut & Markell, of Baltimore, Md. (George Ross Veazey, of Baltimore, Md., of counsel), for plaintiff.

John E. Cross and Louis Hollander, both of Baltimore, Md., for defendant.

WILLIAM C. COLEMAN, District Judge.

The present suit is based upon two grounds: First, infringement of the registered trade-mark "Finchley" and its accompanying crest or symbol; and, secondly, upon unfair competition.

The only difference between the spelling of the name "Finchley" as used by the complainant in its corporate name and trademark, and that used by the defendant in its corporate name, advertisements, correspondence, labels, and so forth, is that...

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