The opinion of the court was delivered by: CAMPBELL
CAMPBELL, District Judge.
This is a suit for injunctive relief and damages, brought by Prichard & Constance, Inc., a New York corporation, against Aime Company, Inc., a New York corporation, for the alleged infringement of trade-mark.
This action being brought under the Trade-Mark Laws of the United States (15 USCA § 81 et seq.), this court has jurisdiction.
Plaintiff is the owner of federal registration No. 92,123, dated June 17, 1913, for the word "Amami," and No. 143,140, dated May 24, 1921, for the same word.
Early in 1910, Prichard & Constance, Limited, of London, England, was operating in New York and its vicinity, being represented by one Arthur J. Morrison as its agent.
The said Arthur J. Morrison, while still the agent, incorporated as Arthur J. Morrison Company, Incorporated, and under date of June 11, 1912, entered into an agreement with Prichard & Constance, Limited, taking over the entire right, title, and interest in its business, including the good will in the United States.
The trade-mark used by Prichard & Constance in 1910 and at the time of the transfer of the business to the Arthur J. Morrison Company, Incorporated, was the word "Amami," which was used generally in connection with cosmetics and toilet preparations.
The name of Arthur J. Morrison Company, Incorporated, was changed to Prichard & Constance, Inc., the present plaintiff.
The word "Amami" has been extensively used by the said corporation, and the use of the word "Amami" and the business has continued to grow, and the products bearing the name "Amami" have been during the last twenty years sold in every state in the Union, and are sold in approximately two-thirds of the sixty thousand drug outlets in the United States, and are handled by department stores, beauty parlors, and cosmetic shops.
During the past ten years more than $250,000 has been expended by plaintiff in advertising by window and counter displays, newspaper and magazine advertisements, radio, calendars, and other forms.
During the past ten years plaintiff's sales have exceeded over $2,500,000.
Defendant Aime Company, Inc., was incorporated under the laws of the state of New York, on August 1, 1930, and Murray L. Keller is the president.
For some years prior thereto the said Murray L. Keller, with others, under firm name, was engaged in the same line of business, and even prior to 1925 knew of the plaintiff's use of the name "Amami" for its products, but had not purchased such products.
Plaintiff first acquired knowledge of the use by the defendant of the word "Aime" as a trade-mark in December, 1932, and after inquiry located ...