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

No. 12237.

251 F.2d 924 (1958)

WILLIAMSON-DICKIE MANUFACTURING COMPANY v. DAVIS MANUFACTURING COMPANY, Solomon Davis, Joseph R. Davis and David Davis, Appellants.

United States Court of Appeals Third Circuit.

Decided January 20, 1958.


Attorney(s) appearing for the Case

Zachary T. Wobensmith, 2d, Philadelphia, Pa. (Maxwell L. Davis, Philadelphia, Pa., on the brief), for appellants.

William E. Schuyler, Jr., Washington, D. C. (Robert B. Frailey, Philadelphia, Pa., Francis C. Browne, Andrew B. Beveridge, Washington, D. C., Paul & Paul, Philadelphia, Pa., on the brief), for appellee.

Before MARIS, KALODNER and STALEY, Circuit Judges.


STALEY, Circuit Judge.

Two clothing manufacturers are involved in this appeal which presents for our consideration the issue of whether the mark "Dickie Davis" infringes the trade-mark "Dickie's," and if it does, the subsidiary question of whether the infringer should be required to account to plaintiff for the profits derived from the wrongdoing.

The plaintiff is a Texas corporation which manufacturers men's and boys' clothing, including jackets, slacks,...

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