American Photographic Pub. Co. v. Ziff-Davis Pub. Co.

KERNER, Circuit Judge.

Plaintiff, American Photographic Publishing Company, appeals from a decree dismissing, for want of equity, its complaint alleging infringement of its common law trade-mark and unfair competition. Jurisdiction rested on diversity of citizenship and the requisite jurisdictional amount.

The facts are not in dispute. On October 27, 1914, plaintiff, a Massachusetts corporation, purchased from Frank R. Fraprie a magazine entitled “Popular Photography.” Thereafter and until May, 1916, plaintiff’s magazines, “Popular Photography incorporating The Photographic Times,” designed to…