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FRIEDMAN v. SEALY, INCORPORATED

No. 6053.

274 F.2d 255 (1959)

Sidney J. FRIEDMAN, d.b.a. Wyandotte Mattress Company, Appellant, v. SEALY, INCORPORATED, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 20, 1960.

Attorney(s) appearing for the Case

Bernard L. Balkin and Irving Achtenberg, Kansas City, Mo. (Achtenberg, Sandler & Balkin, Kansas City, Mo., of counsel, were with them on the brief), for appellant.

Gerrit P. Groen, Chicago, Ill. (William Marshall Lee, Dean A. Olds, Chicago, Ill., and Thomas E. Scofield, Kansas City, Mo., of counsel, were with him on the brief), for appellee.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

LEWIS, Circuit Judge.

Plaintiff-appellee was successful in obtaining an injunction and recovering damages against defendant-appellant in a suit based on trademark infringement brought in the United States District Court for the District of Kansas.

The trial court found that the trademarks "Posturepedic" and "Golden Sleep" are both registered on the Principal Register in the United States Patent Office and have been used by the plaintiff since 1950 and 1938...

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