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NATIONAL FRUIT PRODUCT CO. v. DWINELL-WRIGHT CO.

Civil Action No. 1445.

47 F.Supp. 499 (1942)

NATIONAL FRUIT PRODUCT CO., Inc., v. DWINELL-WRIGHT CO.

District Court, D. Massachusetts.

October 16, 1942.

Attorney(s) appearing for the Case

Clarence B. Des Jardins, of Cincinnati, Ohio, and Gilman P. Welsh, of Boston, Mass., for plaintiff.

Edward G. Fenwick and Charles R. Fenwick, both of Washington, D. C., and Simon P. Townsend, of Boston, Mass. (Choate, Hall & Stewart, of Boston, Mass., and Mason, Fenwick & Lawrence, of Washington, D. C., of counsel), for defendant.

WYZANSKI, District Judge.

Defendant or its predecessors have used the words White House together with a representation of the Executive Mansion as a trade-mark for the sale of coffee since January 1, 1888, for tea since 1907, for roasted peanuts since 1940 and for a blend of orange and grapefruit juice since 1941. Pursuant to the United States Trade Mark Acts, 15 U.S.C.A. § 81 et seq., it secured federal trade-mark registrations for coffee and for tea in 1910...

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