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GOLD DUST CORPORATION v. HOFFENBERG

No. 141.

87 F.2d 451 (1937)

GOLD DUST CORPORATION v. HOFFENBERG et al.

Circuit Court of Appeals, Second Circuit.

January 4, 1937.

Attorney(s) appearing for the Case

W. Lee Helms, of New York City, for appellant.

Jack G. Lubelle, of Rochester, N. Y., for appellees.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Appellant has a registered trade-mark "Gold Dust" No. 60,075 of January 29, 1907. It has used the mark since 1887 as applied to washing powder and allied goods for the household, specifically moppets. Appellees are charged with infringement in selling and offering for sale household polish preparations, floor wax, and polishing mops bearing the marking "Silver Dust." Appellant claims an ownership of "Silver Dust" as a marking used by it as ancillary...

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