Robert Bruce, Inc. v. Sears, Roebuck & Co.

OPINION AND ORDER

EDWARD R. BECKER, District Judge.

I. PRELIMINARY STATEMENT

This is a trademark infringement case. 1 The plaintiff, Robert Bruce, Inc. (“Robert Bruce”), manufactures and sells, inter alia, men’s and boys’ knit shirts, sweaters and swimwear, and owns a United States Trademark Registration, “Grubb”, for such goods. 2 In November 1966, Robert Bruce launched a major promotional effort, supported by a large expenditure of funds, to market the “Grubb” line through the 5000 Robert Bruce retail customers throughout the United States. This effort, which has continued until this day, has…