Campana Corporation v. Glanzberg

KIRKPATRICK, District Judge.

This is a suit in equity to restrain trademark infringement.

The trade-mark claimed was registered November 1, 1927, and consists of the words “Italian Balm.” The plaintiff’s second and third registrations are unimportant in this suit. The defendant originally used a label sufficiently like the plaintiff’s to be objectionable- as constituting unfair competition, but has discontinued it, and that phase of the case need not be considered. The defendant sells its product under the name of “Madame Duval’s Italian Balm,” and there is no evidence, apart from the use of…