In August 1956, Pickle-Rite Company (Pickle-Rite) (plaintiff) obtained a trademark registration for the Polka mark, which Pickle-Rite used in connection with the sale of various types of pickles. In December 1956, Chicago Pickle Company (Chicago Pickle) (defendant) started selling its own pickles in bottles under the Pol-Pak mark. Pickle-Rite brought a suit for trademark infringement, arguing that the Pol-Pak mark was confusingly similar to Pickle-Rite’s Polka mark when used in connection with the sale of bottled pickles. Pickle-Rite also claimed that Chicago Pickle willfully infringed upon the Polka mark. Chicago Pickle argued that the two marks were not confusingly similar when compared side by side as they appeared on commercial labels.