Rosenberg Bros. v. Elliott

DICKINSON, District Judge.

The cause of action here, if there is one, is based upon the averment of a trespass upon the trade-mark rights of the plaintiff. The real question presented is one of some interest in itself, and is one the answer to which doubtless affects quite a number of the users of trade-marks.

The plaintiff is a manufacturer of what is known as “ready-made clothing.” The descriptive features of this name or phrase are always understood to include (and this is in accord with the fact here) only what is sometimes called “outer” clothing, and to be exclusive of hats, collars,…