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TELECHRON, INC. v. TELICON CORP.

Civ. A. 934.

97 F.Supp. 131 (1951)

TELECHRON, Inc. v. TELICON CORP.

United States District Court D. Delaware.

March 8, 1951.

Attorney(s) appearing for the Case

James F. Hoge, Lenore B. Stoughton and George M. Chapman, of Rogers, Hoge & Hills, all of New York City, Hector M. Holmes, of Fish, Richardson & Neave, of Boston, Mass., and Hugh M. Morris and Alexander L. Nichols, of Morris, Steel, Nichols & Arsht, of Wilmington, Del., for plaintiff.

Philip Handelman, Elliot A. Wysor and Walter H. Schulman, of Handelman & Ives, all of New York City, for defendant.

LEAHY, Chief Judge.

I adopt most, if not all, of the original findings on the basis of which the preliminary injunction issued where I suspected infringement; unfair competition; prospective potential confusion; and actual confusion.1

Trade-Mark Infringement and Unfair Competition Issues

1. The first question is whether the factual burden of proof has been assumed by plaintiff. Plaintiff began to use its mark Telechron...

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