Block v. Jung Arch Brace Co.

The situation is fully stated in Judge Hickenlooper’s opinion, the decisive portion of which we quote below:

“This cause comes for hearing upon a motion for preliminary injunction against the use by the defendant of the words ‘Wonder’ and ‘Miracle’ upon elastic arch supports, as infringing the plaintiffs’. registered trade-mark ‘Wizard.’ While the goods of both plaintiffs and defendant serve somewhat the same purposes, that of supporting or strengthening the fallen arch in the foot of the wearer, they are of very different type, material, and appearance. The plaintiffs’ support consists of an…