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OPPENHEIM, OBERNDORF & CO. v. PRESIDENT SUSPENDER CO.

No. 1683.

3 F.2d 88 (1925)

OPPENHEIM, OBERNDORF & CO., Inc., v. PRESIDENT SUSPENDER CO.

Court of Appeals of District of Columbia.

Decided January 5, 1925.

Attorney(s) appearing for the Case

J. E. Cross, of Baltimore, Md., for appellant.

Robert Cushman, of Boston, Mass., and A. V. Cushman, of Washington, D. C., for appellee.

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

MARTIN, Chief Justice.

The appellant, Oppenheim, Oberndorf & Co., Inc., applied for the registration by the Patent Office of the word "President" as its trade-mark for certain articles of clothing. It appeared, however, that in fact it had used the mark only in the sale of men's underwear and men's dress, negligée, and work shirts; its application, therefore, has been treated in the record as if confined to these classes of articles only.

The appellee...

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