Everest & Jennings, Inc., a Corporation v. E & J Manufacturing Company, a Corporation, E & J Manufacturing Company, a Corporation v. Everest & Jennings, Inc., a Corporation

263 F.2d 254 EVEREST & JENNINGS, INC., a corporation, Appellant, v. E & J MANUFACTURING COMPANY, a corporation, Appellee. E & J MANUFACTURING COMPANY, a corporation, Appellant, v. EVEREST & JENNINGS, INC., a corporation, Appellee. No. 15922. United States Court of Appeals Ninth Circuit. December 24, 1958. Rehearing Denied February 2, 1959. COPYRIGHT MATERIAL OMITTED Fred H. Miller, Allan D. Mockabee, Los Angeles, Cal., for appellant. Lyon & Lyon, Frederick W. Lyon, Los Angeles, Cal., for appellee. Before BARNES, HAMLEY and JERTBERG, Circuit Judges. JERTBERG, Circuit Judge. 1 There are cross appeals before us in this case. Everest & Jennings, Inc., a corporation — defendant below and appellant and cross-appellee here — appealed from the judgment of the court below holding that E & J Manufacturing Company, a corporation — plaintiff below and appellee and cross-appellant here — was the owner of the trade-mark "E & J"; that the trade-mark was good and valid in law; and was infringed by the use of the trade-mark "E-J". The court enjoined the defendant from further infringement, and refused to order registration of "E-J" as a…