Steccone

Most, if not all of the facts in this case, are virtually admitted. IThe difficulty in deciding this action stems more from the confusion in the decisions which are' or are claimed to be applicable. The plaintiff’s action is based upon a claimed infringement of a trademark registered under the Acts of 1905, 33 Stat. 724 , and 1946, 15 U.S.C.A. § 1051 et seq., and alleged unfair competition arising by virtue of the use of that trademark by defendant. The defendant filed an answer and cross-complaint denying many of the averments of the complaint, claiming that the right to use the trademark in dispute is solely that of defendant, and asking for an injunction against its use by plaintiff, and for damages claimed to have been suffered by defendant because of plaintiff’s alleged unauthorized use of said trademark.

The salient facts are as follows:

The defendant states that in 1934 he invented the window squeegee, a device for window cleaning, and started making and selling it in January, 1935. (On Page 17 of his deposition defendant says he commenced to make and sell them 16 months before November, 1938. But this discrepancy between his statements at the trial and in his. deposition…