Family Circle, Inc. v. Family Circle Associates, Inc.

LANE, District Judge.

Plaintiff, charging defendants with infringement of its trade-mark, “Family Circle,” seeks to enjoin defendants from the use thereof. Defendants counterclaim, demanding cancellation of plaintiff’s registration, No. 617,878, which covers the trade-mark, “Family Circle.” The nub of defendants’ contention is that when plaintiff submitted the affidavit showing the words “Everywoman’s Family Circle,” it falsely purported to *941demonstrate use of the mark, “Family Circle.” To quote allegation 9 of defendants’ counterclaim: “The affidavit was false, untrue, and misleading and * * *…