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CURTIS-STEPHENS-EMBRY CO. v. PRO-TEK-TOE SKATE STOP CO.

No. 14419.

199 F.2d 407 (1952)

CURTIS-STEPHENS-EMBRY CO., Inc. v. PRO-TEK-TOE SKATE STOP CO., Inc. et al.

United States Court of Appeals Eighth Circuit.

October 24, 1952.

Attorney(s) appearing for the Case

Joshua R. H. Potts, Chicago, Ill. (Fred B. Whalen, James R. O'Connor, St. Louis, Mo., Potts & Brune, Philadelphia, Pa., on the brief; Basel H. Brune and John A. Robertson, Philadelphia, Pa., of counsel), for appellant.

Lawrence H. Cohn, St. Louis, Mo., for appellees.

Before SANBORN, JOHNSEN, and COLLET, Circuit Judges.

COLLET, Circuit Judge.

Plaintiff sought to restrain defendants' use of the trade-mark "Pro-Tek-Toe". The use of the latter mark was claimed to be an infringement of plaintiff's trademark "Pro-Tek-Tiv". The trial court dismissed plaintiff's complaint. The primary question now involved is whether the evidence supports the finding that plaintiff's trade-mark "Pro-Tek-Tiv" had not acquired a secondary meaning.

Plaintiff manufactures shoes. Its plant is located...

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