SEARS, ROEBUCK AND CO. v. JOHNSON

No. 11352.

219 F.2d 590 (1955)

SEARS, ROEBUCK AND CO., Appellant, v. Arthur L. JOHNSON and Marjorie Johnson, a Partnership Doing Business as All-State School of Driving.

United States Court of Appeals, Third Circuit.

Decided February 21, 1955.


Attorney(s) appearing for the Case

Morris Wolf, Philadelphia, Pa. (Bernard Eskin, Franklin H. Spitzer, Jr., Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., Burton Y. Weitzenfeld, Lederer, Livingston, Kahn & Adsit, Chicago, Ill., on the brief), for appellant.

Robert D. Abrahams, Philadelphia, Pa. (Abrahams & Loewenstein, Philadelphia, Pa., on the brief), for appellees.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.


STALEY, Circuit Judge.

Plaintiff, Sears, Roebuck and Company, a New York corporation doing business in Pennsylvania, sought an injunction in the district court because of an alleged trade-name infringement by defendants, partners in a business formed and operated in the Philadelphia area under the name of the All-State School of Driving. Plaintiff also asked for damages and a delivering up of all materials owned by defendants...

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