in local newspapers under the name and mark "HERITAGE" at least as early as 1947.Ĭonsiderable annual sales were made by Heritage into those states prior to 1950. Plaintiff registered its trademark "HERITAGE" in 1942 in the states of Alabama, Florida, Tennessee and Georgia and prior to 1950, when defendant commenced operations, the mark was also registered in Illinois, Texas, Ohio, North Carolina, South Carolina, Mississippi and Virginia, all of which were assigned to plaintiff.ĭuring the 1940's, at their own expense, retail dealers in various parts of the country advertised the goods of Heritage Furniture, Inc. Plaintiff is a corporation organized and existing under the laws of the State of Delaware, with its principal offices located in the State of North Carolina.īeginning in the year 1939, HERITAGE Furniture, Inc., a corporation of the State of North Carolina, manufactured, advertised and sold furniture under the name and mark "HERITAGE."Īdvertising featuring the said name and mark "HERITAGE" appeared in national magazines at least as early as 1946. From all of such sources, the court makes the following At the trial, there was considerable stipulation by the parties and a large amount of documentary evidence as well as oral testimony.
Drexel heritage furniture industries inc trial#
The defendant's answer denied the essential allegations of the complaint and set forth several other defenses.Īt pre-trial, the issues were narrowed to provide for a speedy non-jury trial on the issue of infringement only. This is a suit brought under the trademark and unfair competition laws of the United States and the State of Georgia, the plaintiff alleging in brief that since 1939, the plaintiff has manufactured, sold, and advertised furniture products under the name of "HERITAGE" that, subsequently, the defendant began to use and is now using the trademark "HERMITAGE" which, it is alleged, is likely to cause public confusion and to cause the public to believe that the furniture sold by defendants are the goods of plaintiff, or that plaintiff and defendant are in some way associated with each other, or that the plaintiff has sponsored, endorsed, or approved the defendant's goods. York, Jr., Cedartown, Ga., Matthews, Maddox, Walton & Smith, Rome, Ga., for defendant. *533 Rogers, Magruder & Hoyt, Rome, Ga., Gilbert H.