FLINTKOTE COMPANY v. TIZER

No. 12719.

266 F.2d 849 (1959)

FLINTKOTE COMPANY, Appellant v. Jack B. TIZER and William Tizer, Trading under the Names of Royal Carpet & Linoleum Company, Royal Tire Company, Royal Paint Stores, Cut-Rate Tile Company and Royal Venetian Blind Co., Appellees.

United States Court of Appeals Third Circuit.

Decided May 5, 1959.


Attorney(s) appearing for the Case

Robert F. Conrad, Washington, D. C. (Watson, Cole, Grindle & Watson, Washington, D. C., M. Carton Dittmann, Jr., Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., Edward J. Willey, New York City, on the brief), for appellant.

Samuel Kagle, Philadelphia, Pa., for appellees.

Before GOODRICH and HASTIE, Circuit Judges and EGAN, District Judge.


HASTIE, Circuit Judge.

This claim for trademark infringement and unfair competition was submitted to the trial court for decision on depositions and other documentary evidence. The court incorporated its findings and conclusions in an opinion pursuant to which a final decree was entered denying the plaintiff, Flintkote Co., relief. This appeal followed.

For some thirty years Flintkote, or a predecessor in title, has been the owner of registered trademark ...

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