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FUNK & WAGNALLS CO. v. TIMELY FILMS

No. 1666.

3 F.2d 93 (1925)

FUNK & WAGNALLS CO. v. TIMELY FILMS, Inc.

Court of Appeals of District of Columbia.

Decided January 5, 1925.

Attorney(s) appearing for the Case

E. V. Myers, of New York City, for appellant.

E. T. Brandenburg, of Washington, D. C., and J. F. Brandenburg and C. J. Heermance, both of New York City, for appellee.

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

ROBB, Associate Justice.

Appeal from concurrent decisions of the Patent Office tribunals in a trade-mark cancellation proceeding, sustaining the petition for cancellation of a mark consisting of the words "Topics of the Day," as applied to moving picture films.

Early in 1918, A. E. Siegel, appellee's predecessor, conceived the idea of projecting on moving picture screens current news items, such as are found in the Literary Digest. Thereupon he interviewed...

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