QUABAUG RUBBER CO. v. FABIANO SHOE CO., INC.

No. 76-1572.

567 F.2d 154 (1977)

QUABAUG RUBBER COMPANY, Plaintiff, Appellee, v. FABIANO SHOE CO., INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 31, 1977.

As Amended December 1, 1977.


Attorney(s) appearing for the Case

Sewall P. Bronstein, Boston, Mass., with whom John D. Woodberry, Dike, Bronstein, Roberts, Cushman & Pfund, David D. Dretler, and Robert E. Meyer, Boston, Mass., were on brief, for defendant, appellant.

I. Stephen Samuels, Boston, Mass., with whom Thompson, Birch, Gauthier & Samuels, and David Silverstein, Boston, Mass., were on brief, for plaintiff, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and MILLER, Judge.


MILLER, Judge.

Fabiano Shoe Company, Inc. ("Fabiano") appeals from an amended judgment (1) enjoining it from using in the United States or its territories either of two specified yellow label trademarks1 or any other yellow label confusingly or deceptively similar thereto in connection with the manufacture, sale, offer for sale, or advertisement of boot soles, boots, or other goods in the footwear field, except in the case of boots with...

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