J.C. PENNEY COMPANY, Inc., a Delaware corporation, Plaintiff, v. PARRISH COMPANY, Inc., an Idaho corporation, Defendant, 339 F. Supp. 726

Summary

Plaintiff owned trademarks on the name of its department store and on private labels used on clothing and goods sold in the stores. After defendant sold merchandise bearing these labels, plaintiff brought suit for trademark infringement. The court entered judgment in favor of plaintiff on the grounds that defendant's ownership of the goods did not carry with it the right to advertise and sell them with specific trade names or marks. Plaintiff, as owner of a private label trademark, had the power to prevent the unauthorized use of the label by others under the Lanham Act, 15 U.S.C.S. § 1125(a) and similar state laws.