Magic Foam Sales Corp. v. Mystic Foam Corp.

MILLER, Circuit Judge.

The appellant, Magic Foam Sales Corporation, brought this action in the District Court to enjoin the appellee, The Mystic Foam Corporation, from using the term “Mystic Foam” as a trade-mark on any of its products. The complaint also prayed that an order issue to the Commissioner of Patents directing that the appellee’s trademark registration certificate for a cleaning preparation displaying the term “Mystic Foam” be cancelled. The appellant alleged that it had been engaged in the manufacture and sale of a cleanser for cleaning upholstery furniture, carpets, draperies and…