Klepser v. Furry

Opinion by

Mr. Justice Schaffer,

This is a bill in equity to enjoin the use of a trademark. The chancellor determined the case in plaintiff’s favor, awarded the permanent injunctive relief prayed for and defendant appeals. Both parties are millers and the trade-marks are used on the bags of flour sold by each.

The registration certificate issued to plaintiff by the secretary of the Commonwealth under the provisions of the Act of June 20, 1901, P. L. 582, and the amendment of April 24, 1905, P. L. 302, describes his trade-mark as “a golden dove within a circle, the whole surrounded by a larger…