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J. E. BATES & CO. v. A. J. BATES CO.

No. 1714.

5 F.2d 128 (1925)

J. E. BATES & CO., Inc., v. A. J. BATES CO.

Court of Appeals of District of Columbia.

Decided April 6, 1925.

Attorney(s) appearing for the Case

W. F. Hall, of Washington, D. C., for appellant.

E. T. Fenwick, of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, ROBB, Associate Justice, and BARBER, Judge of the United States Court of Customs Appeals.

MARTIN, Chief Justice.

This is an appeal by J. E. Bates & Co., Inc., from a decision of the Assistant Commissioner of Patents, denying a petition of the appellant, seeking a cancellation of the registration of "The Bates Shoe" as a trade-mark of the appellee.

The record contains extended evidence, but the controlling facts are plain. In the year 1866 A. J. Bates and J. E. Bates were copartners, engaged in the wholesale and retail shoe business in New York...

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