Joseph Bancroft & Sons Co. v. Shelley Knitting Mills, Inc.

VAN DUSEN, District Judge.

I. History of Case.

On July 26, 1958, plaintiff filed its complaint, asking for these three specific types of relief in addition to a general prayer for such relief as might be just and equitable:(a) A preliminary and perpetual injunction restraining defendant from (1) using the trademark “Ban-Lon,” or any mark or name which colorably imitates this trademark, on products which are below plaintiff’s standards, (2) distributing, selling, or advertising such products with reference to the trademark “Ban-Lon,” or (3) using any unapproved labels or hang tags.(b) Defendant…