Pro-Phy-Lac-Tic Brush Co. v. Hudson Products, Inc.

MEANEY, District Judge.

Findings of Fact

1. This is an action alleging infringement of plaintiff’s trade-mark “PermaGrip” brought under the Trademark Act of 1905, 15 U.S.C.A. § 96 (now revised 15 U.S.C.A. § 1114 et seq.).

2. Plaintiff is the owner of the registered trade-mark “Perma-Grip” for a denture powder for holding false teeth.

3. Defendant uses “Poli-Grip” as a trade-mark for a denture cream for holding false teeth.

4. Plaintiff seeks to enjoin defendant from using “Poli-Grip” as a trade-mark for a denture cream and to recover damages.

5. The merchandise for which the trade-marks in question…