Factor

Plaintiff seeks judgment permanently •enjoining defendant from use of the name “Max Factor” or any colorable imitation of plaintiff’s trademarks “Max Factor” and “Max Factor of Hollywood” as a brand name or trademark for hosiery, or any product similar or related to the products of plaintiff, and for damages for trademark infringement and for unfair competition. Section 1114, Title 15 United States Code, concerns trademark infringement and provides, in substance, that to establish infringement one must prove, (1) use in commerce of a reproduction, copy or colorable imitation of the registered trademark involved, (2) that the use was without the consent of the registrant, (3) that it was in connection with the sale, offering for sale, •distribution or advertising of goods, and (4) that such use was likely to cause confusion or mistake or to deceive;

or

the application of a reproduction, copy ■or colorable imitation of the trademark to labels, signs, packages, wrappers, or .advertisements to be used in commerce ■or in connection with the sale, offering for sale, or advertising of goods in connection with which such use is likely to ■cause confusion, mistake or to deceive.

The…