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DAWN v. STERLING DRUG, INC.

No. 69-862.

319 F.Supp. 358 (1970)

E. Christman DAWN, individually and doing business as the Game Company, Plaintiff, v. STERLING DRUG, INC., a Delaware corporation, and Dancer-Fitzgerald-Sample, Inc., a Delaware corporation, Defendants.

United States District Court, C. D. California.

October 23, 1970.

Attorney(s) appearing for the Case

E. Christman Dawn, in pro. per.

Gibson, Dunn & Crutcher, Los Angeles, Cal., for defendants.

MEMORANDUM OPINION

DAVID W. WILLIAMS, District Judge.

In 1962, plaintiff, E. Christman Dawn, registered the name "Tower of Babble" with the United States Patent Office as a trademark for "Equipment Sold As A Unit For Playing an Educational Language Game" in class 22. He thereafter began manufacturing and selling with modest success a game using that name and which involves the use of a board, cards with French...

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