Dawn

MEMORANDUM OPINION

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 and Spanish words printed thereon and poker chips for keeping the score. In the succeeding years the plaintiff spent approximately 1600.00 in advertising efforts and sold approximately 4000 games prior to 1966. In the past four years he has occupied himself in other endeavors and has manufactured and sold very few of the games. He presents no evidence to show that this reduction in his business was in any way attributable to the defendants.

Defendant Sterling Drug, Inc. manufactures a variety of products, one of which is Bayer Aspirin, a long-established and well-advertised household remedy. Defendant Dancer-Fitzgerald-Sample, Inc. (Dancer) is an advertising agency employed by Sterling to promote the sale of Bayer Aspirin. Dancer prepared certain Bayer Aspirin advertisements using the phrase “tower of…