Albert Dickinson Co. v. Mellos Peanut Co. of Illinois, Inc.

LA BUY, District Judge.

The complaint herein alleges plaintiff prepares and sells popcorn for human consumption, that on May 26, 1931, it registered in the United States Patent Office its trademark Big Buster, No. 283,322; that said trademark when adopted was new, fanciful and arbitrary and never before used by any other concern on any goods of substantially the same properties; that plaintiff’s sales have been extensive and large sums were spent in advertising the trademarked product; that the trademark Big Buster is distinctive of the plaintiff’s goods and has become identified by the trade…