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DREXEL ENTERPRISES, INC. v. RICHARDSON

No. 6927.

312 F.2d 525 (1962)

DREXEL ENTERPRISES, INC., a corporation, Appellant, v. J. R. RICHARDSON and M. E. Deruy, partners doing business as Heritage House, Appellees.

United States Court of Appeals Tenth Circuit.

November 21, 1962.

Attorney(s) appearing for the Case

Alfred T. Lee, New York City (Gilbert H. Weil, New York City, and Paul L. Wilbert, Pittsburg, Kan., on the brief), for appellant.

Perry L. Owsley, Pittsburg, Kan., and Douglas Hudson, Ft. Scott, Kan. (Howard Hudson and Douglas G. Hudson, Ft. Scott, Kan., on the brief), for appellees.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

SETH, Circuit Judge.

Appellant brought this action for unfair competition and trademark infringement. It was tried without a jury, and the court found for appellee on all significant points.

Appellant is a manufacturer of furniture which is sold under the mark "Heritage" throughout the United States by its retail dealers. Its sales total in 1961 was about ten million dollars, and a national advertising program is carried on.

Appellee is a retail furniture...

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