PASTIFICIO SPIGA SOCIETA, ETC. v. DE MARTINI MACARONI CO.

No. 64, Docket 22455.

200 F.2d 325 (1952)

PASTIFICIO SPIGA SOCIETA PER AZIONI v. DE MARTINI MACARONI CO., Inc.

United States Court of Appeals Second Circuit.

Decided December 3, 1952.


Attorney(s) appearing for the Case

Benjamin T. Rauber, New York City, for plaintiff-appellant.

Martin Koeppel, Brooklyn, N. Y., Adolph Koeppel, Brooklyn, N. Y., of counsel, for defendant-appellee.

Before AUGUSTUS N. HAND, CHASE and CLARK, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

The defendant obtained a decision by the trial judge that the plaintiff could not recover for injury to its trade mark "S.P.I. G.A." because the mark was merely descriptive, and that no claim for unfair competition was established because at no time during the course of the defendant's acts did the plaintiff sell any of its products in this country. We think that neither conclusion was well founded.

The Patent Office had allowed...

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