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MISHAWAKA MFG. CO. v. KRESGE CO.

No. 649.

316 U.S. 203 (1942)

MISHAWAKA RUBBER & WOOLEN MANUFACTURING CO. v. S.S. KRESGE CO.

Supreme Court of United States.

Decided May 4, 1942.

Attorney(s) appearing for the Case

Mr. George L. Wilkinson, with whom Mr. Eugene M. Giles was on the brief, for petitioner.

Mr. William B. Giles for respondent.

Messrs. Milton Handler and Arthur T. Vanderbilt filed a brief on behalf of the Pepsi-Cola Company, as amicus curiae.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

The petitioner, which manufactures and sells shoes and rubber heels, employs a trade-mark, registered under the Trade-Mark Act of 1905, 33 Stat. 724, 15 U.S.C. § 81 et seq., consisting of a red circular plug embedded in the center of a heel. The heels were not sold separately, but were attached to shoes made by the petitioner. It has spent considerable sums of money in seeking to gain the

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