Brown & Bigelow v. B. B Pen Co.

WOODROUGH, Circuit Judge.

The B • B Pen Company, a California corporation, brought this action in the federal District Court in Minnesota against Brown & Bigelow, a Minnesota corporation, praying for a declaratory judgment to the effect that the defendant was without right to assert, as it was doing and threatening to do, any claim against plaintiff with respect to plaintiff’s use of the trade-mark “B • B” on ball point pens manufactured by plaintiff, and that defendant had no right to or interest in the plaintiff’s trade-mark “B • B”, as applied to ball point pens.

Plaintiff also asked that it…