Flintkote Company v. Tizer

KIRKPATRICK, Chief Judge.

This is an action for trademark infringement and for unfair competition.

The plaintiff is the owner of two trademarks which it uses on floor tiles — '“Tile-Tex”, on asphalt tiles, and “Flexachrome”, on vinyl asbestos tiles. Both, of the trademarks are registered.

The defendants sell floor tiles under two registered trademarks of their own —“Tile-Tone” (asphalt) and “Flextone”' (vinyl asbestos).

The plaintiff concedes that the defendants are not selling in competition with it, but they are selling the same product in the same general field of business, and the absence of…