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Full Opinion
This is an action for trade-mark infringement and unfair competition in which the plaintiff seeks an injunction, an accounting and treble damages.
The plaintiff is an Illinois corporation having its principal office and place of business in Pulaski, Wisconsin. The defendant is an Illinois corporation having its principal office and place of business in Chicago. In 1932, plaintiff’s predecessor, John A. Wood, established the business of preparing and selling bottled pickles and related products. In 1942, this business was taken over by Pikle-Rite Company, an unincorporated business entity which was incorporated in 1948. Since 1932, plaintiff and its predecessors have owned and used the trade-mark “Polka” to designate different varieties of pickles which are sold primarily in self-service grocery stores in Illinois, Wisconsin, Iowa, Michigan, Minnesota, Indiana and Ohio. Since 1934, the name “Polka” has been registered as a trade-mark under the laws of Illinois. On August 7, 1956, plaintiff was granted a federal trade-mark regis *673 tration on the name “Polka.” As registered, the name is preceded and followed by a pair of musical notes. The name “Polka,” as applied to pickle products, is fanciful, arbitrary, non-descriptive and non-generic, and is a valid trademark.
Representative labels under which plaintiff markets some of its “Polka”brand pickle products are as follows:
