Plough, Inc. v. Kreis Laboratories, a Corporation

I am in complete accord with the ma^ jority opinion’s notation that the initial fact in this case is the consent judgment which we are required to respect and enforce. As stated in Artvale, Inc. v. Rugby Fabrics Corp., 2 Cir., 303 F.2d 283, 284, which is cited in the opinion, “A consent decree represents an agreement by the parties which the court cannot expand or contract.”

We must note also that in a ease of this kind the question of likelihood of confusion is one for this court to decide. As Judge Barnes well stated in Sleeper Lounge Company v. Bell Manufacturing Co., 9 Cir., 253 F.2d 720,…