O'Cedar Corporation v. FW Woolworth Co.

EVANS, Circuit Judge.

This appeal is from an order dismissing, after trial, the complaint of appellant which sought an injunction against use by appellees of labels alleged to infringe appellant’s trade-marks and also to prevent certain alleged unfair trade practices and for damages because of such practices, and for an accounting of profits arising out of the infringement of the trade-marks.

Appellant’s registered trade-marks were “O-Cedar” and “Cedarine.” “O-Cedar” was registered in the Patent Office August 18, 1914, for floor polish, and as to brooms and brushes, on July 2, 1912. It was…