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ROSENBERG BROS. & CO. v. ELLIOTT

No. 3117.

3 F.2d 682 (1925)

ROSENBERG BROS. & CO. v. ELLIOTT.

District Court, E. D. Pennsylvania.

January 24, 1925.

Attorney(s) appearing for the Case

Cox, Kent & Campbell and Clarence G. Campbell, all of New York City, and Cyrus N. Anderson, of Philadelphia, Pa., for plaintiff.

Andrew Foulds, Jr., of New York City, and John S. Freemann, of Philadelphia, Pa., for defendant.

DICKINSON, District Judge.

The cause of action here, if there is one, is based upon the averment of a trespass upon the trade-mark rights of the plaintiff. The real question presented is one of some interest in itself, and is one the answer to which doubtless affects quite a number of the users of trade-marks.

The plaintiff is a manufacturer of what is known as "ready-made clothing." The descriptive features of this name or phrase are always understood to...

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