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WILLIAMSON-DICKIE MFG. CO. v. DAVIS MFG. CO.

Civ. A. 15494.

149 F.Supp. 852 (1957)

WILLIAMSON-DICKIE MANUFACTURING COMPANY, 509 West Vickery Boulevard, Fort Worth 1, Texas, v. DAVIS MANUFACTURING COMPANY, 240 Market Street, Philadelphia, Pennsylvania and Solomon Davis, Joseph R. Davis, David Davis, All of 240 Market Street, Philadelphia, Pennsylvania.

United States District Court E. D. Pennsylvania.

February 11, 1957.

Attorney(s) appearing for the Case

Paul & Paul, Philadelphia, Pa., Church & Church, William E. Schuyler, Jr., Washington, D. C. (Francis C. Browne and Andrew B. Beveridge, Washington, D. C., of counsel), for plaintiff.

Maxwell L. Davis, Zachary T. Wobensmith, 2nd, Philadelphia, Pa., for defendant.

KIRKPATRICK, Chief Judge.

This is an action for trademark infringement brought by one manufacturer of boys' clothing against another. The plaintiff relies upon three trademark registrations, jurisdiction being grounded upon the Trade-Mark Act of 1946, 15 U.S.C.A. § 1051 et seq., and also upon common law trademark rights. The defendants deny infringement and trademark rights in the plaintiff and, in a counterclaim, ask dismissal as to one of the plaintiff's registrations...

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