Magic Foam Sales Corp. v. Mystic Foam Corp.

JONES, District Judge.

This is an action by the Magic Foam Sales Corporation, of Ohio for infringement of its unregistered common law trademark by the Mystic Foam Corporation, also of Ohio.

The plaintiff’s predecessor was Magic Foam, Inc., incorporated on or about November 14, 1932. The defendant’s alleged infringing trade-mark “Mystic Foam” was registered with the United States Patent Office on October 8, 1935.

For relief, the plaintiff asks that the defendant be enjoined from further use of the term “Mystic Foam,” that the Commissioner of Patents be ordered to cancel the certificate of…