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COLBURN v. PURITAN MILLS

No. 6957.

108 F.2d 377 (1939)

COLBURN v. PURITAN MILLS, Inc.

Circuit Court of Appeals, Seventh Circuit.

December 7, 1939.

Attorney(s) appearing for the Case

Albert J. Fihe, of Chicago, Ill., for appellant.

Samuel E. Hirsch, W. Bartlett Jones, and Julian H. Levi, all of Chicago, Ill., for appellees.

Before EVANS, TREANOR, and KERNER, Circuit Judges.

EVANS, Circuit Judge.

The District Court dismissed, for want of equity, plaintiff's suit which charged infringement of her registered trade-mark "Py Do" by defendant's trade name "Py-O-My." Both are used to describe prepared dough used in making pies.

Plaintiff obtained her trade-mark in 1926, and alleges extensive interstate use of her product; that the public has come to associate the product with her trade-mark "Py Do," a facsimile of which is herewith...

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