Curtis-Stephens-Embry Co., Inc. v. Pro-Tek-Toe Skate Stop Co., Inc.

COLLET, Circuit Judge.

Plaintiff sought to restrain defendants’ use of the trade-mark “Pro-Tek-Toe”. The use of the latter mark was claimed to be an infringement of plaintiff’s trademark “Pro-Tek-Tiv”. The trial court dismissed plaintiff’s complaint. The primary-question now involved is whether the evidence supports the finding that plaintiff’s trade-mark “Pro-Tek-Tiv” had not acquired a secondary meaning.

Plaintiff manufactures shoes. Its plant is located at Reading, Pennsylvania. It has sold these shoes extensively in many parts of the United States under the trademark “Pro-Tek-Tiv” since…