Friend v. Granat Bros. Granat Bros. v. Friend Brown v. Granat Bros. Granat Bros. v. Brown

Good Law
184 F.2d 684·87 U.S.P.Q. (BNA) 294·1950 U.S. App. LEXIS 4242
United States Court of Appeals for the Ninth CircuitOctober 25, 195012408_1California289 words

Opinion

Opinion

Appellant Granat Bros, has for a number of years advertised and marketed at wholesale and retail a wedding and engagement ring ensemble for which it has registered and used the trade-mark “WedLolc.” In use its rings are mechanically locked or fastened together. Claiming infringement and unfair competition, it brought suit to enjoin Samuel H. Friend and others from using the trade-mark “Feature Lock” in the advertising and sale at retail of similar wedding and engagement ring ensembles purchased from Feature Ring Co., Inc. The latter, which is in the business of manufacturing and selling at wholesale interlocking ring mountings under the Feature Lock trade-mark, intervened as a defendant and filed a counterclaim alleging harrassment by Granat Bros, of Feature’s customers and potential customers by unwarranted claims of infringement.

Upon the trial the court found that the Wed-Lok trade-mark is not primarily descriptive, as asserted by Feature, but is used in a suggestive or figurative sense, and is a valid mark. It found, on the other hand, that the words Feature Lock are sufficiently distinct from Granat Bros.’ mark as to preclude likelihood that the Feature Ring Co.’s product…

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