REDDY-KILOWATT v. MID-CAROLINA ELECTRIC COOPERATIVE

No. 3794.

142 F.Supp. 851 (1956)

REDDY-KILOWATT, Inc., Plaintiff, v. MID-CAROLINA ELECTRIC COOPERATIVE, Inc., and National Rural Electric Cooperative Association, Defendants.

United States District Court E. D. South Carolina, Columbia Division.

June 15, 1956.


Attorney(s) appearing for the Case

W. Croft Jennings, Columbia, S. C. (Roberts, Jennings, Thomas & Lumpkin, Columbia, S. C., on the brief), Wallace H. Martin, New York City (Nims, Martin, Halliday, Whitman & Williamson, New York City, on the brief), and W. D. Keith, New York City (Cooper, Dunham, Keith & Dearborn, New York City, on the brief), for plaintiff.

David W. Robinson, Columbia, S. C., Marion B. Holman, Batesburg, S. C., C. Williard Hayes, William T. Cushman and George T. Mobille, Washington, D. C. (Cushman, Darby & Cushman, Washington, D. C., on the brief), Robt. T. Tisinger, Carrollton, Ga., and James F. Dreher, Columbia, S. C., of counsel, for defendants.


HARRY E. WATKINS, District Judge.

This is an action for injunction and damages based upon alleged infringement of trade mark and service mark, and unfair competition. Plaintiff's mark or symbol is an animated, personalized, humanized character called "Reddy Kilowatt", symbolizing electricity. It is used only by privately owned public utility companies in a system of advertising electrical service and promoting the use of electric power as the public servant. It is...

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