Star Bedding Co. v. Stix, Baer & Fueler Co.

HULEN, District Judge.

Plaintiff is in the business of manufacturing and selling feature pillows and feathers, in the general class of upholstery. As owner of two trade-marks (No. 128,528, issued January 6, 1920, and No. 130,416, issued April 29, 1920), comprising the word “star” and the symbol of a star, plaintiff initiated this action in 1945 against Stix, Baer & Fuller Company, for infringement of the mark in the sale of mattresses with a mark shown on the label. The Eng-lander Company, Inc. manufactured the accused mattress and applied the mark complained of. They intervened. This initial…