BENROSE FABRICS CORP. v. ROSENSTEIN

No. 10042.

183 F.2d 355 (1950)

BENROSE FABRICS CORP. v. ROSENSTEIN.

United States Court of Appeals Seventh Circuit.

July 10, 1950.


Attorney(s) appearing for the Case

Daniel H. Kane, Philip T. Dalsimer, New York City, Carlton Hill, Chicago, Ill. The Firm of Charles W. Hills, Chicago, Ill., Duell & Kane, New York City, for appellant.

Harold A. Fein, Chicago, Ill., for appellee.

Before KERNER, FINNEGAN and LINDLEY, Circuit Judges.


LINDLEY, Circuit Judge.

The suit of plaintiff, owner of registrations No. 504803, No. 418949 and No. 422622 of the trade-mark "Benrose," charging defendants with infringement and unfair competition having resulted in judgment for defendants, plaintiff appeals. It contends (1) that the proof clearly reflects likelihood of confusion of source of origin between defendants' trade-name "Ben Rose" and plaintiff's trade-mark and trade-name "Benrose," (2) that, though in...

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