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AUTOMATIC WASHER CO. v. EASY WASHING MACHINE CORP.

No. 3354.

98 F.Supp. 445 (1951)

AUTOMATIC WASHER CO. v. EASY WASHING MACHINE CORP.

United States District Court, N. D. New York.

May 8, 1951.

Attorney(s) appearing for the Case

Hiscock, Cowie, Bruce, Lee & Mawhinney, Syracuse, N. Y., and Toulmin & Toulmin, Dayton, Ohio, for plaintiff, Gerald Henley, Syracuse, N. Y., and Harry A. Toulmin, C. E. Crafts, Dayton, Ohio, of counsel.

Hancock, Dorr, Ryan & Shove, Francis P. Keiper, Syracuse, N. Y., and Fraser, Myers & Manley, New York City, for defendant, John Gates, Syracuse, N. Y., and Howard J. Churchill, New York City, of counsel.

BRENNAN, Chief Judge.

The complaint on its face sets forth a claim for relief based upon trade-mark infringement. It is alleged that the action arises under the Trade-Mark Laws of the United States and charges in substance that the use by the defendant of the designation "Spindrier" is a colorable imitation of plaintiff's registered trade-mark "Spindry", and an infringement thereof as applied by the defendant to its washing...

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