Stix, Baer & Fuller Co. v. Alfred J. Sweet Co.

STONE, Circuit Judge.

This is an action for infringement of a trade-mark on shoes and for unfair competition. From a decision favoring complainant, the defendant brings this appeal.

We place our decision upon unfair competition and notice the matter of trade-mark only so far as it sheds light upon the other issue. The registered trade-mark here involved was “Ye Olde Tyme” in a particular arrangement of old English type and was applicable to leather boots and shoes. The registration was made January 9,1912. The evidence shows that there is a class of shoes manufactured for women which is known…