Henry Heide, Incorporated, (Cross-Appellee) v. George Ziegler Company, (Cross-Appellant)

SWYGERT, Circuit Judge.

Both parties have appealed from portions of the district court’s judgment in a trademark infringement and unfair competition suit between candy manufacturers.

Henry Heide, Inc., a New York corporation, brought the action against the George Ziegler Company, a Wisconsin corporation. Heide alleged infringement of its registered trademark “Jujyfruits” 1 and unfair competition by Ziegler through the latter’s use of the term “Fruit Ju Jus” in connection with the sale of soft gum candies. After Ziegler had discontinued using “Fruit Ju Jus” and began using “Ju Ju Bits,” the…