The J. B. Williams Company, Inc. v. Le Conte Cosmetics, Inc., and Elton C. Toland and Lenore Toland

On May 10, 1972, plaintiff-appellant filed a complaint in two counts against Le Conté Cosmetics, Inc., Elton C. Toland, its principal owner and executive officer, and Lenore Toland, his former wife, for infringement of plaintiff’s trademark ( 15 U.S.C. § 1051 et seq.) and unfair competition. Defendants filed an answer and counterclaims on July 10, 1972, and plaintiff replied to the counterclaims on July 27, 1972. On September 1, 1972, plaintiff asked for leave to amend its complaint to add a third claim for relief for false representations ( 15 U.S.C. § 1125 (a)). This motion was de nied. Defendants and plaintiff then both filed motions for summary judgment with accompanying affidavits. On March 26, 1973, the date set for the oral hearing on these motions, Lenore Toland was dismissed from the action by plaintiff. Defendants dismissed all of their counterclaims, and the court and parties then agreed to try the case solely on the basis of the affidavits and exhibits already presented, and certain stipulated facts, on the issue whether there was a “reasonable likelihood of confusing the source and origin of defendants’ product with that of plaintiff’s”. The court found that…