Rushmore v. Saxon

Second Circuit Court of Appeals

Decided June 16, 1909.)

Second Circuit Court of Appeals · decided 1909-06-16

<p>Appeal from the Circuit Court of the United States for the Southern District of New York.</p>

1 counsel of record

Relies on Rushmore v. Saxon

Opinion by (per_curiam) · Decided 1909-06-16

¶1Appeal from the Circuit Court of the United States for the Southern District of New York.

¶2For opinion below, see 158 Fed. 499.

¶3Grafton D. McGill, for appellant Alfred Wilkinson, for appellee.

¶4Before COXE, Circuit Judge, and HOLT and HAND, District Judges.

¶5PER CURIAM.

¶6We see no way to distinguish this case from the case of Rushmore v. Manhattan Screw & Stamping Works, 163 Fed. 940, decided by this court July 27, 1908. The decree should be modified by excluding from its provisions the direction for an accounting and injunction against the use of the words “Flare Front” in connection with the sale by the defendant of search-light lamps for automobiles. As so modified, the decree should be affirmed, with one-half costs of this court.