Pecheur Lozenge Co. v. National Candy Co.

Petitioner brought this suit in the district court to recover damages and for an injunction restraining trademark infringement and unfair competition. There was diversity of citizenship, and the bill of complaint alleged that “this suit arises under the Trademark Laws of the United States” and that petitioner’s wrapper design “was registered in the United States Patent Office by the plaintiff on May 1, 1936, under the No. 47748.” It prayed treble damages “in accordance with the provisions of the Trademark Law of 1906,” and was amended to allege registration of a second wrapper design in the…