American Crayon Co. v. Prang Co.

BUFFINGTON, Circuit Judge.

In the court below, the American Crayon Company, a corporation of Ohio, hereafter called American, filed a bill against the Prang Company, a corporation of Delaware, hereafter called Prang-Delaware, charging trademark infringement and unfair competition. Thereupon the latter filed a counterclaim charging the former with like offenses. On final hearing, the court dismissed both complaints, whereupon each party took an appeal.

The proofs tended to show that from 1856 on the Prang Company, a corporation of Maine, hereafter called Prang-Maine, had built up an extensive…