At the hearing plaintiff placed in evidence a number of exhibits.

In 1965, plaintiff adopted the use of a service mark consisting of the words 'Fox Photo' printed on a representation of a fox. A predecessor of plaintiff originated a trademark for use in connection with photographic prints and enlargements made on glossy paper, said trademark being 'Fox-Tone.' In 1964, plaintiff originated a service mark for use in connection with the development and process printing of movie and still film, namely, 'Fox Pro Color,' together with a representation of the head of a fox.

Plaintiff's predecessor originated a trademark with the words 'The Fox Co.' imprinted on a representation of a running or leaping fox.Plaintiff never uses the word 'Fox' alone in any trade or service mark it owns or claims. 11,189 for a representation of a running fox bearing the words 'The Fox Co.' Significantly, plaintiff does not own a trademark registration nor a service mark registration under either state or federal law for a trade or service mark consisting of the words 'Fox Photo' imprinted on a representation of a fox. Plaintiff also owns Massachusetts trademark Registration No. 832,719 for 'Fox Pro Color' and a representation of the head of a fox. 536,960 for 'The Fox Co.' on a representation of a fox and U.S. 222,662 for 'The Fox Co.' on a representation of a fox Registration No. Plaintiff owns United States trademark Registration No.

The Case of The. Fox by William Stanley