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AVON SHOE CO. v. DAVID CRYSTAL, INC.

No. 223, Docket 25654.

279 F.2d 607 (1960)

AVON SHOE CO., Inc., and Haymaker Shoe Corp., Plaintiffs-Appellants, v. DAVID CRYSTAL, INC., Haymaker Sports, Inc., B. Altman & Co., Best & Co., Inc., and John Wanamaker, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 13, 1960.

Attorney(s) appearing for the Case

Max Block, Jr., New York City (Ludwig M. Wilson, Rudolph Callman, Goldstein, Golenbock & Barell, and Seymour Kleinman, New York City, on the brief), for appellants.

Bernard A. Saslow, New York City (Arnold M. Grant, Lynton & Saslow, Harold A. Axel, Arthur H. Seidel and Daniel A. Gutterman, New York City, on the brief), for appellees.

Before CLARK, HINCKS and FRIENDLY, Circuit Judges.

HINCKS, Circuit Judge.

After a lengthy trial, Judge Herlands dismissed the plaintiffs'1 complaint in which they sought an injunction prohibiting the defendants'2 use of the word "Haymaker" in connection with the manufacture, sale, distribution and advertising of their women's sportswear which includes blouses, shirts, skirts and dresses. On the basis of voluminous findings, the Court concluded that the defendants...

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