Cambridge Rubber Company v. Cluett, Peabody & Co., Inc.

MARTIN, Judge

(concurring).

I concur in the result only since I cannot conclude that there is a clear likelihood of confusion among purchasers as to the source of the goods of the respective parties. Yet, on the other hand, since identical trademarks are being used on items of wearing apparel which reasonably could be purchased by the same customers, even though the articles are very different, doubt is raised in my mind as to whether the concurrent use of the marks would be likely to cause confusion among purchasers and that doubt must be resolved in favor of the first user of the trademark.