Edgar P. Lewis & Sons, Inc. v. Mars, Inc.

ANDERSOÑ, Circuit Judge.

This is an appeal,from a final decree, on a bill, taken pro eonfesso, alleging infringement of a duly recorded trade-mark for candy bars owned by the plaintiff, and also unfair competition in the candy bar trade. The bill was filed on October 27, 1930. A copy of the plaintiff’s trade-mark with the legend “Reg. U. S. Pat. Office,” is attached to the bill, as well as a copy of the defendant’s infringing trade-mark “Constellation.”

On April 24, 1931, an interlocutory decree was entered taking the bill pro eonfesso, granting the relief prayed for, enjoining the defendant,…