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SPRINGFIELD FIRE & MARINE INS. CO. v. FOUNDERS' F. & M. I. CO.

No. 29834.

115 F.Supp. 787 (1953)

SPRINGFIELD FIRE & MARINE INS. CO. v. FOUNDERS' FIRE & MARINE INS. CO.

United States District Court N. D. California, S. D.

September 24, 1953.

Attorney(s) appearing for the Case

Cooper, White & Cooper, San Francisco, Cal., Townsend, Townsend & Hoppe, San Francisco, Cal., for plaintiff.

Lyon & Lyon, Leonard B. Lyon, Reginald E. Caughey, Los Angeles, Cal., for defendant.

GOODMAN, District Judge.

This case tenders the novel question, whether or not the plaintiff Insurance Company, which uses a picturization of a "covered wagon," drawn by oxen, on its insurance policies, stationery, and advertising media and which registered the picturization as a "service" mark pursuant to the provisions of the Lanham Act, 60 Stat. 427, 15 U.S.C.A. §§ 1051-1127, may enjoin the defendant Insurance Company from using a similar picturization...

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