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DURO PUMP & MFG. CO. v. CALIFORNIA CEDAR PRODUCTS CO.

No. 1764.

11 F.2d 205 (1926)

DURO PUMP & MFG. CO. v. CALIFORNIA CEDAR PRODUCTS CO.

Court of Appeals of District of Columbia.

Decided February 1, 1926.

Attorney(s) appearing for the Case

W. L. Symons, of Washington, D. C., and H. A. Toulmin and H. A. Toulmin, Jr., both of Dayton, Ohio, for appellant.

C. E. Riordan, of Washington, D. C., for appellee.

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

ROBB, Associate Justice.

Appeal from a decision of the Patent Office in a trademark proceeding brought by the Duro Pump & Manufacturing Company, hereinafter called the Duro Company, and opposing the registration by the California Cedar Products Company of the word "Duro" as a trademark.

The Patent Office tribunals ruled that the goods of the respective parties possessed different descriptive properties, and that the word "Duro," having been written by...

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