Morse-Starrett Products Co. v. Steccone. Steccone v. Morse-Starrett Products Co
Opinion
Opinion
Orr, J.
This case is a continuation of trade-mark and unfair competition litigation between Morse-Starrett Products Co., hereafter Morse-Starrett, and Ettore G. Steccone, hereafter Mr. Steccone, which has extended over a period of three and a half years.
The original suit, commenced by Morse-Starrett, culminated in a judgment being entered on January 11, 1950, wherein the District Court determined that, as between the parties, Morse-Starrett was entitled to the use of the mark “Steccone” as applied to squeegees and the handles thereof. Both parties manufacture a particular type of squeegee which is used for window cleaning. Although it was not determined whether the name “Steccone”,. as affixed to these products, was subject to protection as a trade-mark, the Court held that Morse-Starrett’s use of the name was entitled to protection against unfair competition. The factual background of the controversy and the basis for the trial court’s holding are set forth in detail in the District Court’s opinion, Morse-Starrett Products Co. v. Steccone, N.D.Cal. 1949, 86 F.Supp. 796 . We deem it unnecessary to repeat them here. The decree of the District Court, inter alia, enjoined Mr. Steccone…