General Shoe Corporation v. Hollywood-Maxwell Co

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).2

The relevant facts are well summarized, and the grounds for overruling the protest are clearly stated in the decision below. We take the liberty of quoting at…