Younghusband

Appellant is appealing from a judgment of the District Court enjoining its use of the trade-mark “Voodoo” in connection, with perfumes, colognes and similar cosmetic products. The trial court found that appellees are the lawful owners of tlie trade-mark “Voodoo”; that appellees’ products bearing said trade-mark have been and are now extensively advertised and sold in interstate commerce so that such products are understood by the public to be appellees’ products; that appellant has used the trademark “Voodoo” without appellees’ consent on and in connection with the sale of products which were not those of appellees; and that said use of appellees’ trade-mark by appellant is likely to cause confusion in the minds of the purchasing public and has caused injury to appellees. The trial court concluded that appellant had both infringed appellees’ trade-mark and engaged in unfair competition.

The primary contention of appellant is that appropriation of the trade-mark in question by its predecessor in interest was prior to that of appellees’ predecessor, and, accordingly, appellant is the lawful owner of the mark. It is urged that the findings of the District Court are deficient in that…