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REX SHOE COMPANY v. JUVENILE SHOE CORP. OF AMERICA

Patent Appeal No. 6421.

273 F.2d 179 (1959)

REX SHOE COMPANY, Inc. v. JUVENILE SHOE CORPORATION OF AMERICA.

United States Court of Customs and Patent Appeals.

December 21, 1959.

Attorney(s) appearing for the Case

Mason, Fenwick & Lawrence, Boynton P. Livingston, G. Cabell Busick, Washington, D. C. (Peck & Peck, Allen E. Peck, Washington, D. C., of counsel), for appellant.

Kingsland, Rogers & Ezell, St. Louis, Mo. (Edmund C. Rogers, St. Louis, Mo., of counsel), for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and JOHNSON (retired), Judges.

RICH, Judge.

The sole issue here is whether the Patent Office correctly held that registration of the trademark "Thrill-mates" for "women's and children's shoes" is proscribed by Sec. 2(d)1 of the Lanham Act (Trade-Mark Act of 1946) in view of the opposer's prior registration and use of "Foothrills" as a trademark for "Shoes and Slippers of Leather or Kid."

The facts are concisely summarized and the reasons supporting the decision...

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