Wolfe

Appellants will hereinafter be designated in the singular as “Wolfe.”

Wolfe takes this appeal from judgment of the District Court in the sum of $239,-457.86, based upon an accounting of profits and damages as reported by the court following hearing. Wolfe contends that in several specific respects the accounting report gives recognition to accounting methods and considerations which are inappropriate under the facts of this ease.

The accounting was ordered for the purpose of ascertaining the extent of profits realized by Wolfe through his use on paint products and in advertising of the words “Dutch,” “Dutch Paint” and “Dutch Paint Company,” such use having been judicially determined to constitute a deliberate and fraudulent infringement of appellee’s trademark “Dutch Boy.” The history of the proceedings leading to the judgment below are set forth in the margin.

The accounting report covered the entire period of infringement: from May 1, 1946, to January 15, 1956, and, save for the final computation, was based upon annual computations made at the end of *870 each fiscal year (April 30). It showed that, for the years 1947, 1948, 1954, 1955 and 1956, losses rather than profits…