ERWYN PRODUCTS v. LANDER CO.


39 F.Supp. 49 (1941)

ERWYN PRODUCTS, Inc., v. LANDER CO., Inc., et al.

District Court, S. D. New York.

April 16, 1941.


Attorney(s) appearing for the Case

Fitelson & Mayers, of New York City (I. Jack London, of New York City, of counsel), for plaintiff.

Mock & Blum, of New York City, for defendants.


CONGER, District Judge.

This is a suit for trademark infringement. The testimony reveals that plaintiff registered its trademark "Parfum Crinoline by Erwyn", on July 18, 1939, received a registration certificate from the United States Patent Office, and has used its trademark as registered on the perfume items which it sells to the better class trade; that it started to sell its perfume in July, 1938, under the above mark.

The defendant uses the words "Crinoline...

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