SEARS, ROEBUCK & CO. v. ALL STATES LIFE INSURANCE CO.

No. 16291.

246 F.2d 161 (1957)

SEARS, ROEBUCK & COMPANY and Allstate Insurance Company, Appellants, v. ALL STATES LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 17, 1957.


Attorney(s) appearing for the Case

Pinkney Grissom, Dave Kendall, Jr., David M. Kendall, Jr., Dallas, Tex. (Lederer, Livingston, Kahn & Adsit, Chicago, Ill., Thompson, Knight, Wright & Simmons, Dallas, Tex., of counsel), for appellants.

Paul Carrington, Frank G. Newman, Otis B. Gary, Carrington, Gowan, Johnson, Bromberg & Leeds, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a judgment of the trial court, sitting without a jury, denying relief to appellants in an action for injunction and damages for trade mark infringement under the Lanham Act 15 U.S.C.A. § 1051 et seq. and for alleged unfair competition.

Appellant Sears, Roebuck & Co. is the owner of appellant Allstate Insurance Company. Sears has, since 1927, used the name Allstate to identify numerous of its products,...

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