Blue Bell, Inc. v. Farah Manufacturing Co.

Both Farah (defendant) and Blue Bell (plaintiff) independently developed a "Time Out" clothing-line mark around the same time. Farah shipped sample slacks bearing the mark to its own regional sales managers in July 1973 before shipping to actual customers in September 1973; Blue Bell attached Time Out labels to its existing "Mr. Hicks" slacks in an internal move before shipping its true new Time Out line to customers in October 1973. When Blue Bell discovered Farah's overlapping use, it sued for trademark infringement; the district court granted Farah summary judgment, and Blue Bell appealed.