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OSTERMOOR & CO. v. ROSE SPRING & MATTRESS CO.

No. 1730.

5 F.2d 268 (1925)

OSTERMOOR & CO., Inc., v. ROSE SPRING & MATTRESS CO.

Court of Appeals of Columbia.

Decided April 6, 1925.

Rehearing Denied April 24, 1925.

Attorney(s) appearing for the Case

H. F. Riley, of Washington, D. C., and C. C. Cousins, of New York City, for appellant.

E. W. Bradford, of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

ROBB, Associate Justice.

This is a trademark opposition proceeding, in which the tribunals of the Patent Office accorded the right of registration to the appellee of the following mark, in use since 1912:

For about 20 years appellant has used a composite mark, consisting of a label on which is a circle divided into quarters, two of the quarters containing representations of a mattress and bearing the legend

"Trade Mark Reg. U. S. Pat. Of...

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