Manhattan Shirt Co. v. Sarnoff-Irving Hat Stores, Inc.

The Chancellor:

The bill in this cause is by a manufacturer against a retailer of goods of the intervenor’s make bearing an unregistered trade-mark which the complainant alleges is a mark recognized by the public as indicating goods whose manufacturing origin is with it. The intervenor alleges on the contrary that the mark on the kinds of articles in question is a mark which identifies it and not the complainant as the source of origin.

The intervenor has been allowed without opposition to file an answer in resistance to the complainant’s case against the retailer defendant. It seeks by filing…