Mershon Company v. Frank A. Pachmayr, and Frank A. Pachmayr, Doing Business Under the Fictitious Firm Name and Style of Pachmayr Gun Works

Mershon Company, Inc., failed in its action for a judgment in the United States District Court against defendant Frank A. Pachmayr, individually, and as Frank A. Pachmayr, d.b.a. Pachmayr Gun Works, in which trade mark infringement and unfair competition by the defendant was claimed, and Mershon appealed. Herein we shall refer to Mer-shon as appellant or sometimes as Mer-shon, and to Pachmayr as appellee or sometimes as Pachmayr.

Since there is a judgment of the United States District Court and also a judgment of the Superior Court of California to be considered herein, we shall refer to the former as the federal judgment or court, and to the latter as the state judgment or court. The same distinction will be made as to the federal and state courts of appeal.

Appellant company owns what it claims to be a valid United States registered trade-mark for small arms shoulder recoil pads. The claimed trade-mark consists of the words “White Line” which words are imprinted on the shoulder contact base of the pad together with a claimed symbol formed by a white line encircling the recoil pad at or near the gun stock to which it is attached.

The pad, manufactured by Mershon, is made' up…