Paul Sachs Originals Co. v. John Sachs and Leo Hirsch, Doing Business as Sachs of California, a Partnership

This is an appeal from an order of the United States District Court for the Southern District of California, sitting without a jury, dismissing appellant’s :suit for injunction, accounting, and damages for trademark infringement and unfair competition. The district court’s findings of fact and conclusions of law are published in a memorandum of decision, 217 F.Supp. 407 (S.D.Cal.1963). Jurisdiction of this court is based on section 39 of the Trademark Act of 1946, 60 Stat. 400 , 15 U.S.C. § 1121 (1958), and on 28 U.S.C. § 1291 (1958).

Since 1942, appellant and its predecessor, Paul Sachs Originals, Inc., both Missouri corporations having headquarters in St. Louis, have used the trade name “Paul Sachs Original” in connection with their manufacture and sale of ladies’ and “misses’ ” dresses. This is applied to garments by means of labels and hang tags. A trademark, “Paul Sachs Original,” was registered with the United States Patent Office on October 12, 1948, which registration became incontestable on October 22, 1953, by reason of affidavits filed under section 8 of the Trademark Act of 1946, 60 Stat. 431 , 15 U.S.C. § 1058 (1958), and section 15 of that act, 60 Stat. 433 , as…