MAAS & WALDSTEIN COMPANY v. AMERICAN PAINT CORP.

No. 16420.

288 F.2d 306 (1961)

MAAS & WALDSTEIN COMPANY and Plextone Corporation of America, Appellants, v. AMERICAN PAINT CORPORATION, Appellee.

United States Court of Appeals Eighth Circuit.

March 23, 1961.


Attorney(s) appearing for the Case

Jordan B. Bierman, New York City, for appellants.

Ray G. Palmer, Duluth, Minn., for appellee.

Before SANBORN, WOODROUGH and MATTHES, Circuit Judges.


WOODROUGH, Circuit Judge.

This is an action brought by Maas & Waldstein Company and Plextone Corporation of America against American Paint Corporation for common law and statutory trade-mark infringement and unfair competition. There was federal jurisdiction by reason of diversity, amount involved and also under the Lanham Trade-Mark Act of 1946, 15 U.S. C.A. § 1121.

Plaintiffs' trade-mark is Plextone, which Maas & Waldstein has used since 1949...

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