John Rissman & Son v. Gordon & Ferguson, Inc.

DONOVAN, District Judge.

This action was commenced by plaintiff to enjoin defendant from infringement of its claimed trade-mark, “Windbreaker”. Defendant answering, denied plaintiff was entitled to the relief prayed for and counter-claimed, praying for an injunction, against the plaintiff’s infringing its claimed trade-mark, “Windbreaker”. Each party asks for costs of the suit.

The claims of plaintiff and defendant, except for defendant’s claim of prior use, stem from a common source. On August 20, 1918, the Hilker-Weichers Manufacturing Co., a Wisconsin corporation (hereinafter referred to as…