Philadelphia Inquirer Co. v. Coe

Since it is conceded that the trade-marks are identical, the only question in the case is whether the appellant’s “merchandise,” i. e., its magazine supplement section of a Sunday newspaper, -is of the “same descriptive properties” as the British publication. The court rules, as I understand the majority opinion, that in deciding, this question of fact the trial court could not consider likelihood of confusion and the testimony of the trade with respect thereto, but properly limited itself — although trade testimony was received in evidence— to inspection of the items of merchandise and to…