Wilcox v. Leiser

MANTON, District Judge.

Plaintiff sues for infringement of trade-mark and for unfair competition, and moves for a preliminary injunction pendente lite restraining the defendant from the use of the word “Angelus” in his trade-mark, the “Angelus Phonograph Co.”

Plaintiff manufactures mechanically-operated musical instruments or self-playing musical instruments, for which it has a registered trade-mark “Angelus.” This trade-maik has been registered on three occasions. The last certificate shows the registration for mechanical music playing instruments and music sheets therefor. The defendant has…