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GENERAL SHOE CORPORATION v. HOLLYWOOD-MAXWELL CO.

Patent Appeal No. 6469.

277 F.2d 169 (1960)

GENERAL SHOE CORPORATION v. HOLLYWOOD-MAXWELL CO.

United States Court of Customs and Patent Appeals.

April 12, 1960.

Attorney(s) appearing for the Case

Smith, Kilpatrick, Cody, Rogers & McClatchey, Atlanta, Ga. (Ernest P. Rogers, Atlanta, Ga., of counsel), for appellant.

John Flam, Los Angeles, Cal., for appellee.

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

WORLEY, Chief Judge.

Appellant owns and is the prior user of the trademark "Ingenue" on shoes and hosiery.1 Appellee seeks registration of the identical mark for use on brassieres. The Commissioner, through the Assistant Commissioner, overruled appellant's protest that concurrent use of the mark would be likely to result in confusion within the meaning of Section 2(d) of the Lanham Act (Trademark Act of 1946), 15 U.S.C.A. § 1052(d...

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