RAINBOW ART CO. v. SEARS, ROEBUCK & CO.

No. 536.

99 F.Supp. 677 (1951)

RAINBOW ART CO., Inc. v. SEARS, ROEBUCK & CO.

United States District Court S. D. West Virginia, Huntington Division.

August 31, 1951.


Attorney(s) appearing for the Case

E. Henry Broh and Ned O. Heinish, of Huntington, W. Va., for plaintiff.

E. A. Marshall, Huntington, W. Va., Frank H. Marks, of Chicago, Ill. (Fitzpatrick, Strickling, Marshall & Huddleston of Huntington, W. Va., Lederer, Livingston, Kahn & Adsit, Chicago, Ill., on brief), for defendant.


WATKINS, District Judge,

Plaintiff seeks an injunction against the defendant for alleged infringement of a federally registered trade-mark. Many issues were raised by the pleadings, but at the pre-trial conferences, all issues were eliminated, except one, and the case was submitted to the court for final decision in favor of the plaintiff or defendant, depending on how the court decided that single issue. As stated in the order of submission, that issue is as follows...

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