H. B. Chaffee Mfg. Co. v. Selchow

HOLT, District Judge.

This is an action to restrain the infringement of a trade-mark. The complainant alleges that it owns a trademark in, the word “Flinch,” the name of a game of cards. About the year 1893, Eugene H. Munger, a clerk in a dry goods house in New York, invented a game, to which he gave the name of “Flinch,” to be played with cards on which were printed various numbers. The rules of the game prescribe that, if a player makes a certain play, his adversary can call, “Flinched,” and thereby gain an advantage, which I presume is the origin of the name. Munger arranged with a friend…