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LEVER BROS. CO. v. AMERICAN BAKERIES CO.

No. 223, Docket 82-7334.

693 F.2d 251 (1982)

LEVER BROTHERS COMPANY, Plaintiff-Appellant, v. AMERICAN BAKERIES COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 3, 1982.

Attorney(s) appearing for the Case

Joseph D. Garon, Brumbaugh, Graves, Donohue & Raymond, New York City (Joseph D. Garon, Eugene V. Handy, Jr., New York City, of counsel), for plaintiff-appellant.

Dennis McWilliams, McWilliams, Mann & Zummer, Chicago, Ill. (Holland, Armstrong, Wilkie & Previto, Joseph J. Previto, New York City, McWilliams, Mann & Zummer, Thomas F. McWilliams, Dennis M. McWilliams, James R. Sweeney, Chicago, Ill., of counsel), for defendant-appellee.

Before KAUFMAN, MESKILL, and FAIRCHILD, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The initial purpose of the trademark law was protection against application of the owner's mark "to goods of the same description." Hanover Star Milling Co. v. Metcalf, 240 U.S. 403, 412, 36 S.Ct. 357, 360, 60 L.Ed. 713 (1916). The idea, born of common sense, was that the purchaser had come to associate the relevant good qualities of the product with the mark. Use of the same, or a substantially...

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