Faciane v. Starner

DE VANE, Chief Judge.

' Plaintiff filed a complaint against defendant alleging that plaintiff is the sole proprietor of all right, title and interest in the trademark “White Kitchen” and that defendant is infringing upon said trademark by establishing and operating a restaurant under the trade name “White Kitchen”. In his answer, defendant admits that since January, 1947 he has operated a restaurant under the trade name “White Kitchen”, but denies that the use of his name in any way infringes upon any rights of the plaintiff.

■ The facts in the case, in general, are not in dispute. The evidence…