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NATIONAL DRYER MFG. CORP. v. NATIONAL DRYING MACH. CO.

Civ. A. No. 16518.

136 F.Supp. 886 (1955)

NATIONAL DRYER MANUFACTURING CORPORATION et al. v. The NATIONAL DRYING MACHINERY COMPANY.

United States District Court E. D. Pennsylvania.

May 10, 1955.

Attorney(s) appearing for the Case

Daniel Mungall, Jr., Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for plaintiff.

Louis Necho, Philadelphia, Pa., for defendant.

KIRKPATRICK, Chief Judge.

The Lanham Act, 15 U.S.C.A. § 1117, provides that the right to recover profits against a trademark infringer shall be "subject to the principles of equity". It seems to be definitely settled since Champion Spark Plug Co. v. Sanders, 331 U.S. 125, 67 S.Ct. 1136, 91 L.Ed. 1386, that an accounting for profits does not automatically follow a judgment of infringement. The "principles of equity" give the Court...

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