innocence of each party in adopting the same trade-mark, the length of time the parties have used the mark, and the noncompetitive nature of their products. We think the district judge was correct when he said: "Plaintiff has never enjoyed exclusive use of the mark `Land O'Lakes.' A latecomer as to defendant at the outset, it now shares the mark with other users and registrants as well. Plaintiff took the risk of developing its interest in the mark subject to the legitimate rights of defendant." We are also in agreement with the judge's observation, "The likelihood of confusion shown by the evidence adduced on this trial is a natural incident of concurrent use of the mark on goods sold in common trade areas and, on occasion, through thesame outlets. In the case of identical marks on goods which are closely related but non-competitive, mere likelihood of confusion resulting from lawful use of the mark would not necessarily justify termination of either party's rights therein."


25
In denying defendant's counterclaim, the district judge said:


26
"Defendant has not established that it is entitled to relief on its counterclaim. The nature and extent of the likelihood of confusion under the circumstances of this case do not warrant cancellation of plaintiff's registrations, injunction on use of the mark, or other relief requested by counterclaim. As noted above, plaintiff commenced its use of the mark in innocence of the rights of others therein and has developed substantial interests therein which may benefit rather than injure, other users or registrants of the mark."


27
Defendant overlooks