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JOSEPH BANCROFT & SONS CO. v. SHELLEY KNITTING MILLS, INC.

No. 15664.

374 F.2d 28 (1967)

JOSEPH BANCROFT & SONS CO. v. SHELLEY KNITTING MILLS, INC., Appellant.

United States Court of Appeals Third Circuit.

Decided March 8, 1967.

Rehearing Denied April 20, 1967.

Attorney(s) appearing for the Case

Philip P. Kalodner, Philadelphia, Pa., (Harry Shapiro, Harold Cramer, Arnold B. Cohen, Shapiro, Stalberg, Cook, Murphy & Kalodner, Philadelphia, Pa., on the brief), for appellant.

Thomas M. Marshall, New York City, (Ralph L. Chappell, New York City, Thomas N. O'Neill, Jr., James H. Callahan, Kenyon & Kenyon, New York City, C. Brewster Rhoads, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., on the brief), for appellee.

Before SMITH, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

Shelley Knitting Mills, Inc. appeals from a preliminary injunction restraining it from prosecuting two civil actions which it brought in the state courts of Pennsylvania against Joseph Bancroft & Sons Co.

The litigation between the parties originated in 1958 in a suit by Bancroft against Shelley for trademark infringement, unfair competition and breach of contract. After a lengthy trial in 1962

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