S. C. JOHNSON & SON, INC. v. JOHNSON

No. 13314.

266 F.2d 129 (1959)

S. C. JOHNSON & SON, INC., Appellant, v. Phil J. JOHNSON and Hugh H. Johnson, d. b. a. Johnson Products Co., Appellees.

United States Court of Appeals Sixth Circuit.

March 30, 1959.


Attorney(s) appearing for the Case

Walter P. Armstrong, Jr., Memphis, Tenn., and Francis C. Browne, Washington, D. C. (William E. Schuyler, Jr., of Mead, Browne, Schuyler & Beveridge, Washington, D. C., Harold F. Greiveldinger, Racine, Wisc., Walter P. Armstrong, Jr., of Armstrong, McCadden, Allen, Braden & Goodman, Memphis, Tenn., on the brief), for appellant.

John S. Porter, Memphis, Tenn. (Tom Mitchell, Jr., of Burch, Porter & Johnson, Memphis, Tenn., on the brief), for appellees.

Before McALLISTER and MILLER, Circuit Judges.


McALLISTER, Circuit Judge.

Appellant, S. C. Johnson & Son, Inc., filed its complaint, claiming that appellees, Phil J. Johnson and Hugh H. Johnson, doing business as Johnson Products Co., had infringed its common law trademarks, "Johnson's" and "Johnson," as well as its registered trademarks of the same names, under federal law. The district court entered a judgment denying injunctive relief, and dismissing the complaint, from which appeal was taken.

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