Nisley Shoe Co. v. Nisley Co.

MOORMAN, Circuit Judge.

Since 1905 Charles Nisley has owned and operated a retail shoe store in Springfield, Ohio, under the corporate names of Nisley Arcade Shoe Company and Nisley Shoe Company. Throughout this time lie has used the trade-mark “Nisley” on his shoes and containers. For many years he purchased his shoes from the G. Edwin Smith Shoe Company. In 1924 the Smith Company decided to establish retail stores as an outlet for its product, and to that end obtained the services of Nisley. Not wishing to jeopardize its business of soiling to other retailers, it organized a new corporation,…