National Lead Company v. Wolfe

223 F.2d 195 105 U.S.P.Q. 462 NATIONAL LEAD COMPANY, a Corporation, Appellant, v. Bernard M. WOLFE and Frederick J. Dannenfelser, Individuals and Copartners, Doing Business Under the Names and Styles 'Dutch Paint Co.,' and 'Manning- Mitchell Paint Co.,' Appellees. No. 13737. United States Court of Appeals Ninth Circuit. May 17, 1955 Rehearing Denied July 14, 1955. Robert E. Burns, Crimmins, Kent, Draper & Bradley, San Francisco, Cal., James D. Ewing, New York City, Milton Handler, San Francisco, Cal., John B. Henrick, New York City, for appellant. James M. Naylor, Frank A. Neal, Naylor & Lassagne, San Francisco, Cal., for appellee. Before DENMAN, Chief Judge, POPE, Circuit Judge, and BYRNE, District judge. POPE, Circuit Judge. 1 The plaintiffs-appellees, citizens of the State of California, brought a suit for declaratory relief against the defendant-appellant, a New Jersey corporation, praying for an adjudication that the plaintiffs' use of the words 'Dutch', 'Dutch Paint Company' and 'Dutch Paint' in connection with the paint and paint products manufactured and processed by them does not infringe the rights of appellant in its trade mark 'Dutch Boy'. 2 Appellant, by…