Dawn v. Sterling Drug, Inc.

MEMORANDUM OPINION

DAVID W. WILLIAMS, District Judge.

In 1962, plaintiff, E. Christman Dawn, registered the name “Tower of Babble” with the United States Patent Office as a trademark for “Equipment Sold As A Unit For Playing an Educational Language Game” in class 22. He thereafter began manufacturing and selling with modest success a game using that name and which involves the use of a board, cards with French and Spanish words printed thereon and poker chips for keeping the score. In the succeeding years the plaintiff spent approximately 1600.00 in advertising efforts and sold approximately…