Sears, Roebuck and Co. v. Leo C. Hofman

The stipulated testimony in this case shows that appellant commenced its use of the “Royal Purple” trademark, as applied to hosiery in July 1927 — more than eighteen years prior to appellee’s alleged first use of its “Royal Plumage” mark— and that for the period from 1927 to 1953 inclusive appellant spent more than ten million dollars in advertising under its *955mark and sold more than three hundred million dollars worth of goods thereunder. Under such circumstances, the rule that doubts as to confusing similarity of trademarks will be resolved against the newcomer applies with particular force.

E…