Durable Toy & Novelty Corporation v. J. Chein & Co.

L. HAND, Circuit Judge.

The defendants appeal from a judgment enjoining them from using the name, “Uncle Sam” or “Uncle Sam’s,” upon a toy bank, and directing them to account to the plaintiff for profits and damages. The facts are as follows. The business of the plaintiff and of its predecessor (it will not be necessary to distinguish between them), has been and still is the manufacture of toy banks, which since 1907 it has continuously sold under three registered trade-marks, in all of which the most characteristic feature is the words, “Uncle Sam’s.” The banks have been marketed at between…