BLUE BELL, INC. v. FARAH MANUFACTURING COMPANY, INC.

No. 74-1131.

508 F.2d 1260 (1975)

BLUE BELL, INC., Plaintiff-Appellant, v. FARAH MANUFACTURING COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 4, 1975.


Attorney(s) appearing for the Case

John B. Luscombe, Jr., El Paso, Tex., Alfred P. O'Hara, Marie V. Driscoll, New York City, for plaintiff-appellant.

J. Malcolm Harris, El Paso, Tex., William C. Conner, Henry W. Koster, New York City, for defendant-appellee.

Before GEWIN, AINSWORTH and GEE, Circuit Judges.


GEWIN, Circuit Judge:

In the spring and summer of 1973 two prominent manufacturers of men's clothing created identical trademarks for goods substantially identical in appearance. Though the record offers no indication of bad faith in the design and adoption of the labels, both Farah Manufacturing Company (Farah) and Blue Bell, Inc. (Blue Bell) devised the mark "Time Out" for new lines of men's slacks and shirts. Both parties market their goods on a national scale...

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