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FLINTKOTE COMPANY v. TIZER

Civ. A. No. 18610.

158 F.Supp. 699 (1957)

The FLINTKOTE COMPANY v. Jack B. TIZER and William Tizer, Trading under the Names of Royal Carpet & Linoleum Company, Royal Tile Company, Royal Paint Stores, Cut-Rate Tile Company and Royal Venetian Blind Co.

United States District Court E. D. Pennsylvania.

September 5, 1957.

Attorney(s) appearing for the Case

Robert F. Conrad, F. M. deRosa, Watson, Cole, Grindle & Watson, Washington, D. C., for plaintiff.

M. Carton Dittmann, Jr., Ballard, Spahr, Andrews & Ingersoll, Edward J. Willey, Philadelphia, Pa., for defendants.

KIRKPATRICK, Chief Judge.

This is an action for trademark infringement and for unfair competition.

The plaintiff is the owner of two trademarks which it uses on floor tiles—"Tile-Tex", on asphalt tiles, and "Flexachrome", on vinyl asbestos tiles. Both of the trademarks are registered.

The defendants sell floor tiles under two registered trademarks of their own —"Tile-Tone" (asphalt) and "Flextone" (vinyl asbestos).

The plaintiff...

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