Blanchard v. Griswold

By answer, the defendant in substance admitted his manufacture and sale of the sororitys badges and insignia; asserted his right so to do; denied that his badges are counterfeits or imitations, and denied all allegations of damage; alleged that plaintiffs badges and other insignia were not protected by patent, copyright or trade-mark; that they had been manufactured, sold and offered for sale by manufacturers and tradesmen throughout the United States for many years, and that defendant for many years had manufactured and sold such badges and insignia for the exclusive use of members of the sororities.