PERFECTFORM CORPORATION v. PERFECT BRASSIERE CO.

No. 12309.

256 F.2d 736 (1958)

PERFECTFORM CORPORATION, Appellant, v. PERFECT BRASSIERE CO., Inc., Appellee.

United States Court of Appeals Third Circuit.

Decided June 11, 1958.

Rehearing Denied July 9, 1958.


Attorney(s) appearing for the Case

S. Stephen Baker, New York City (Hirsh W. Stalberg, Shapiro, Rosenfeld, Stalberg & Cook, Philadelphia, Pa., A. Robert Swanson, Jersey City, N. J., on the brief), for appellant.

Asher Blum, New York City (Mock & Blum, New York City, Harry B. Rook, Newark, N. J., Lester F. Dittenhoefer, New York City, on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.


McLAUGHLIN, Circuit Judge.

Appellant sued for Lanham Act (15 U.S.C.A. § 1051 et seq.) trade-mark infringement and for unfair competition under 28 U.S.C. § 1338. The district court dismissed the complaint.

It is uncontradicted that the trademark Perfectform was adopted in 1944 by appellant in its business of manufacturing ladies slips, panties, pajamas, nightgowns and bed jackets. On May 18, 1948, registration of the trade-mark (#500,444) in the Supplemental...

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