B. B. Pen Co. v. Brown & Bigelow

DONOVAN, District Judge.

Plaintiff brings this action for a declaratory judgment, claiming ownership and right to the use of the symbol, “B. B.” It also asks that it be declared as not having engaged in unfair competition with defendant.

Defendant counterclaims ownership and right to the usé of the symbol, “B & B”. It asks that it be declared the owner thereof, and accuses the plaintiff of unfair competition.

Each party seeks declaratory relief against claimed infringement and the usual “other and further relief” prayed for in this type of case.

It is undisputed that each of the parties hereto…