Popular Mechanics Co. v. Fawcett Publications, Inc.

DAVIS, Circuit Judge.

This is an appeal from a final decree of the District Court (entered upon the mandate from this court) refusing to allow an accounting for damages and profits.

*182This suit was originally brought in the District Court for the infringement of a trade-mark and unfair competition. The plaintiff, Popular Mechanics Company, has published its magazine, “Popular Mechanics,” since 1902. “Popular Mechanics” has been registered as a trade-mark since 1914.

In 1928 the defendant began to publish a competitive magazine dealing with the same subjects under the name of “Modern Mechanics and…