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. 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. At least as early as 1941-43, its goods were being sold in Alabama, Florida, Georgia, Ohio, Virginia, Illinois, North Carolina, and Texas, as well as many other states throughout the country. In Tennessee, the plaintiff sold over $100,000 worth of goods in the period 1946-1949.įrom 1950 to 1956 Heritage Furniture, Inc. #Drexel heritage furniture discontinued trial.
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