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GENERAL SHOE CORPORATION v. ROSEN

No. 4581.

111 F.2d 95 (1940)

GENERAL SHOE CORPORATION v. ROSEN.

Circuit Court of Appeals, Fourth Circuit.

Rehearing Denied May 27, 1940.

Attorney(s) appearing for the Case

Ernest P. Rogers, of Atlanta, Ga., and Herman Bennett, of Charleston, W. Va. (Hirsch, Smith & Kilpatrick, of Atlanta, Ga., on the brief), for appellant.

R. K. Talbott, of Charleston, W. Va. (B. J. Pettigrew, of Charleston, W. Va., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and BARKSDALE, District Judge.

Rehearing Denied May 27, 1940. See 112 F.2d 561.

SOPER, Circuit Judge.

The General Shoe Corporation, plaintiff in the District Court, brought this suit against Isadore Rosen to protect its trade marks, "Friendly" and "The Friendly Five", as applied to shoes. The plaintiff is a Tennessee corporation which in 1925 took over the business of the Jarman Shoe Company, a copartnership engaged in the manufacture of shoes, under whose...

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