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DEERING, MILLIKEN & CO. v. GILBERT

No. 242, Docket 25284.

269 F.2d 191 (1959)

DEERING, MILLIKEN & CO., Inc., Plaintiff-Appellee, v. Joseph GILBERT, individually and doing business as Gilbert Textile Company, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided August 3, 1959.

Attorney(s) appearing for the Case

Walter E. Shuttleworth, New York City (Townley, Updike, Carter & Rodgers, and Stuart N. Updike, New York City, on the brief), for plaintiff-appellee.

Mario Matthew Cuomo, Brooklyn, N. Y. (M. Malcolm Friedman, and William C. Mattison, Brooklyn, N. Y., on the brief), for defendant-appellant.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.

HINCKS, Circuit Judge.

This appeal is taken from a judgment and decree of the District Court, Southern District of New York, Edmund L. Palmieri, Judge, entered after a trial without a jury on two causes of action, the first alleging trademark infringement under the Lanham Act (15 U.S. C.A. § 1051 et seq.) and the second alleging a substantial and related claim of unfair competition pursuant to 28 U.S.C. § 1338.

Judge Palmieri, having found that the...

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