Cushman & Denison Mfg. Co. v. Grammes

Citations

• 225 F. 883
• 1915 U.S. Dist. LEXIS 1324

Syllabus

<p>1. Trade-Marks and Trade-Names ©=>98—-Infringement—-Reference to Master—Findings and Form of Report.</p> <p>Where, after an interlocutory decree in a suit for unfair trade and an infringement of a trade-mark, adjudging the facts on both issues in plaintiff’s favor, defendant’s petition to have the decree modified on the issue of plaintiff’s property rights in the trade-mark is sent to the master, with the question of what sum plaintiff should recover, lie should find the facts bearing on the petition, unless he finds plaintiff joins in the prayer thereof, and make an interlocutory report thereon, or also find separately what plaintiff would be entitled to on' the basis of unfair trade alone and on the basis of both unfair trade and infringement.</p> <p>|Ed. Note.—For other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 112; Dec. Dig. ©=>98J</p> <p>2. Trade-Marks and Trade-Names ©=>98—Master—Accounting for Profits—Determination.</p> <p>Even it' the question before the master be only what plaintiff is entitled to recover for unfair trade, it is for him in the first instance to-determine whether an accounting for profits by defendant properly enters into the inquiry.</p> <p>[Ed. Note.—For other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 112; Dec. Dig. ©=>98.]</p> <p>@=»For other cases see samo topic & KEY-N UMBER in all Key-Numbered Digests & Indexes .</p> <p>3. Trade-Marks and Trade-Names <@=»98—Master—Accounting—Stating Account—Contempt.</p> <p>Under rule of practice 63 (198 Fed. xxxvii), providing that all parties accounting before a master shall bring in their respective accounts in the form of debtor and creditor, a party’s account is on the basis of a cash statement of moneys received and disbursed, so that defendants are not in contempt for not complying with the master’s order to include in their account the names and addresses of their customers.</p> <p>[Ed. Note.—For other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 112; Dec. Dig.