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LONDONTOWN MANUFACTURING CO. v. CABLE RAINCOAT CO.

No. 68 Civ. 2087 MIG.

371 F.Supp. 1114 (1974)

The LONDONTOWN MANUFACTURING COMPANY, Plaintiff, v. CABLE RAINCOAT COMPANY, Defendant.

United States District Court, S. D. New York.

March 5, 1974.

Attorney(s) appearing for the Case

Nims, Howes, Collison & Isner, New York City, for plaintiff by Oliver P. Howes, and Kenneth R. Umans, New York City, of counsel.

Rosenman, Colin, Kaye Petschek, Freund & Emil, New York City, for defendant by Ambrose Doskow, New York City, and Owen F. Clarke, Jr., Boston, Mass., of counsel.

GURFEIN, District Judge:

This is a case that turns on a vowel. The plaintiff and the defendant are competitors in the manufacture of raincoats. The defendant uses the trademark "Smug." It would also like to use "Smog." The plaintiff does not object to the defendant's using "Smug" but has gone to the expense of a lawsuit to prevent it from using "Smog." Similarly the defendant has gone to expense to fight for its right to "Smog" rather than "Smug."

The plaintiff...

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