Application of Avedis Zildjian Co

The issue here turns on the legal effect, if any, to be accorded appellant’s alleged right to use the trademark in issue by reason of a “Final Decree by Consent” dated September 19, 1929 in an action1 in the U. S. District Court for the District of Massachusetts entitled:

THE FRED. GRETSCH MFG. CO., Plaintiff. vs. ARAM ZILDJIAN, ARMAND ZILDJIAN and P. ZILDJIAN, co-partners, doing business under the name of A. ZILDJIAN & CO., Defendants.

Where a right to use a trademark arises from a court decree, that right must be recognized. Alfred Dunhill of London, Inc. v. Dunhill Tailored Clothes, Inc.,…