E-Z Waist Co. v. Reliance Mfg. Co.

SMYTH, Chief Justice.

The Reliance Manufacturing Company sought registration of the trade-mark “E-Z-ON” for work shirts. Opposition was interposed by the E-Z Waist Company as the owner and user of the registered trade-mark “E-Z,” applied by it to children’s knitted waists, knitted and nainsook union suits, and sleeping garments, on the ground that the goods of both parties were of the same class, and that because of this the registration of the mark to the Manufacturing Company would be likely to lead to confusion. Applicant claims use of the mark since November 14, 1916, while the opposer’s…