Lindy Pen Company, Inc. v. Bic Pen Corporation

Lindy Pen Company, Inc. (plaintiff) held a trademark for "Auditor" pens; Bic Pen Corporation (defendant) described one of its pens as an "Auditor's Fine Point." After earlier proceedings established infringement specifically as to Lindy's telephone order sales, the district court found for Bic on damages, and Lindy offered evidence of its total sales without separating out the telephone sales that were the actual source of the infringement finding; the district court found neither an accounting of profits nor actual damages was warranted, and Lindy appealed.