Springfield Fire & Marine Ins. v. Founders' Fire & Marine Ins.

GOODMAN, District Judge.

This case tenders the novel question, whether or not the plaintiff Insurance Company, which uses a picturization of a “covered wagon,” drawn by oxen, on its insurance policies, stationery, and advertising media and which registered the picturization as a “service” mark pursuant to the provisions of the Lanham Act, 60 Stat. 427, 15 U.S.C.A. §§ 1051-1127, may enjoin the defendant Insurance Company from using a similar picturization on its policies, stationery, and advertising matter.

Prior to July 5, 1947, the effective date of the Lanham Act, there was no federal…