Rosenblum v. Rosenblum

CHATFIELD, District Judge.

Plaintiff owns registered trade-mark R in red for use on bags of onions. Defendant uses and has applied for registration of a trade-mark, with R in red and S in blue, put together in a monogram, for similar bags of onions.

Both use, as do many others, a red diamond inclosing the trademark. This narrows the scope of the trade-mark, for if the plaintiff was entitled to sole use of the diamond and the letter R, there would be little doubt that the defendant’s mark infringed. But the defendant uses a similar red diamond and thereby gives the plaintiff the right to claim…