Pagliero

Appellee sought relief in the District Court by way of application for a preliminary and permanent injunction and, for damages because of an alleged commission by appellants of acts of unfair competition and trade-mark infringement. The trial court granted a preliminary injunction and it is an appeal from that order which brings the case here.

Appellee Wallace China Company, hereinafter called Wallace, has manufactured and sold vitrified hotel china for many years. Purchase of hotel china is induced, in part, by virtue of its attractive appearance. Wallace, in common with many other manufacturers of china, has employed artists to create suitable designs for use in its manufacturing business. Wallace claims to have developed the application of overall patterns to china, that is, a pattern which in an unbroken fashion covers the entire upper surface of the plate. Four distinctive designs are alleged to have been first employed by Wallace; and, similarly, Wallace alleges that it was first in the field to use the words “Tweed”, “Hibiscus”, “Shadow-leaf”, and “Magnolia” to denominate these particular patterns. Wallace claims to have created a substantial market for its products…