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SHAW-BARTON, INC. v. JOHN BAUMGARTH CO.

No. 13697.

313 F.2d 167 (1963)

SHAW-BARTON, INC., Plaintiff-Appellee, v. JOHN BAUMGARTH CO., Inc., Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 6, 1963.

Attorney(s) appearing for the Case

Morris Spector, A. Bradley Eben, Irving H. Goldberg, Chicago, Ill., for defendant-appellant.

Frank J. Foley, Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

This suit was instituted under the federal trademark statutes, 15 U.S.C. § 1051 et seq., by plaintiff, Shaw-Barton, Inc., charging defendant, John Baumgarth Co., Inc., with infringement of plaintiff's registered trademark "Homemakers" as employed on calendars, and asking for an injunction and recovery of plaintiff's damages and defendant's profits resulting from the unlawful infringement.

The District Court found the trademark...

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