Mishawaka Rubber & Woolen Manufacturing. Co. v. S.S. Kresge Co.

316 U.S. 203 (1942)

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Mishawaka Rubber & Woolen Manufacturing. Co. v. S.S. Kresge Co.

United States Supreme Court
316 U.S. 203 (1942)

SH

Facts

Mishawaka Rubber & Woolen Manufacturing Co. (plaintiff) manufactured and sold shoes and rubber heels using a registered trademark consisting of a red circular plug embedded in the center of a heel. Mishawaka made considerable efforts to promote the mark as an assurance of a desirable product to potential purchasers. Later, S.S. Kresge Co. (defendant) sold heels bearing a similar mark to that of Mishawaka. Even though there was no evidence of consumer confusion, the district court found there was a reasonable likelihood of consumer confusion, i.e., that some purchasers had been induced into purchasing Kresge’s good on the belief that he or she was obtaining Mishawaka’s good. Concluding that Mishawaka’s mark had been infringed, the district court enjoined further use of the mark and ordered Kresge to account to Mishawaka for profits made from sales to purchasers who had been so induced. Mishawaka appealed the criterion for determining the profits, which the Court of Appeals for the Sixth Circuit affirmed. The United States Supreme Court granted a writ of certiorari.

Rule of Law

Issue

Holding and Reasoning (Frankfurter, J.)

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