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AVON SHOE CO. v. DAVID CRYSTAL, INC.

171 F.Supp. 293 (1959)

AVON SHOE CO., Inc., and Haymaker Shoe Corp., Plaintiffs, v. DAVID CRYSTAL, INC., Haymaker Sports, Inc., B. Altman & Co., Best & Co., Inc., and John Wanamaker, Defendants.

United States District Court S. D. New York.

February 9, 1959.

Attorney(s) appearing for the Case

George H. Corey, New York City, for plaintiffs. Corey, Hart & Stemple, New York City, Dayton R. Stemple, Jr., Max Block, Jr., and Ludwig Wilson, New York City, of counsel.

Arnold M. Grant, New York City, for defendants. Lynton & Saslow, New York City, Bernard A. Saslow, Harold A. Axel, and Arthur H. Seidel, New York City, of counsel.

HERLANDS, District Judge.

This trademark litigation involves the problem of non-competing products in adjacent markets where women are the ultimate consumers.

The non-competing products are, on the one hand, plaintiffs' women's casual, comfortable walking shoes of the moccasin type and, on the other hand, defendants' women's fashionable and stylish sportswear apparel, such as dresses, skirts and waists. Certain styles of the plaintiffs' shoes are made and...

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