Sleeper Lounge Co. v. Bell Manufacturing Co.

Appellee sued appellants below and recovered damages and attorneys’ fees for infringement of and unfair competition with appellee’s Registered Trade-Mark No. 377,752, dated May 11, 1940. Jurisdiction was in the lower court. 15 U.S. C.A. § 22. This Court has jurisdiction of the timely appeal. 28 U.S.C § 1291.

The trade-mark in question consists of the words “Wonder Chair,” (with a disclaimer as to the word “Chair” apart from the mark) as applied to “Reclining Chairs and Convertible Chair Beds” in Class 32, Furniture and Upholstery.

The court, trying the case without a jury, made findings which stated that appellants adopted and used the words “Wonder Bed” for a lounge or contour bed, which is capable of being adjusted for use as a bed, a lounge, or a reclining chair. (Finding 11.) Further,

The Conclusion of the District Court was that appellee’s trade-mark was valid, and infringed by appellants.

Appellants object to the Findings and Conclusions hereinabove mentioned, and to (a) the injunction granted; (b) the damages of $1000.00 awarded; and (c) the attorneys’ fees of $500.00 awarded.

Since our determination on the question of infringement is dispositive of this appeal, we…