G. H. Mumm Champagne v. Eastern Wine Corp.

COXE, District Judge.

The trade-marks involved in this suit are Nos. 177,419 and 312,653, both of which show a white label, across which a red stripe runs diagonally from the upper left-hand corner to the lower right-hand corner, bearing the words in print, “Cordón Rouge”.

The District Court, 52 F.Supp. 167, held that these two trade-marks were infringed by the defendant by the use of a label bearing a red stripe of the same width as the plaintiffs’, running from the upper left-hand corner to the lower right-hand, and carrying the legend, “Chateau Martin”, in print, with the word “Brand” added…