SIMMONS COMPANY v. SOUTHERN SPRING BED COMPANY

Civ. C-55-WS-58.

173 F.Supp. 111 (1959)

SIMMONS COMPANY, Plaintiff, v. SOUTHERN SPRING BED COMPANY, and H. H. Jones Furniture Company, Defendants.

United States District Court M. D. North Carolina.

May 19, 1959.


Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice, Winston Salem, N. C., Soans, Anderson, Luedeka & Fitch, Chicago, Ill., for plaintiff.

Vaughn, Hudson, Ferrell & Carter, Winston Salem, N. C., Smith, Kilpatrick, Cody, Rogers & McClatchey, Atlanta, Ga., Archie Elledge, Winston Salem, N. C., for defendant.


HAYES, District Judge.

The issues at the trial, narrowed down until plaintiff waived any claim for damages; the defendant disclaimed any intention of using "Back Care" or "Built-in-Bedboard" as any part of its advertising or insignia on its mattress, but it did not want to be enjoined.

The Court adopted, with some modifications, the findings of fact and conclusions of law submitted by the plaintiff, rejecting those submitted by the defendants.

The...

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