SIMMONS CO. v. M. DIAMOND MATTRESS CO.

No. 445.

7 F.Supp. 413 (1934)

SIMMONS CO. v. M. DIAMOND MATTRESS CO., Inc.

District Court, D. Rhode Island.

April 16, 1934.


Attorney(s) appearing for the Case

Cyril A. Soans (of Fisher, Clapp, Soans & Pond), of Chicago, Ill., and Roger T. Clapp (of Hinckley, Allen, Tillinghast & Wheeler), of Providence, R. I., for plaintiff.

Perley H. Plant, of Providence, R. I., for defendant.


LETTS, District Judge.

Findings of Fact.

Plaintiff, Simmons Company, a Delaware corporation, since the year 1925 has invested large sums of money in manufacturing and advertising an inner spring construction mattress under the name "Beautyrest," which it applied to the labels on the mattresses, together with the price markings of $39.50 and $33.75, as indicating the price at which the said Beautyrest mattresses were intended to be sold by the retail trade...

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