Warner Publication, Inc. v. PopuLar Publications, Inc.

SWAN, Circuit Judge.

The plaintiff, publisher of a magazine entitled “Ranch Romances,” brought suit for an injunction and accounting against the defendant, publisher of a magazine entitled “Rangeland Romances.” Both are within the so-called “pulp” magazine field. The bill of complaint charges, in a first count, infringement of a registered trademark, and, in a second count, unfair competition. Both parties are New York corporations. The bill was filed August 1, 1935, and was answered August 20th with general denials. No motion to obtain an injunction pendente lite was made until March 11,…