HYDRAULIC PRESS BRICK CO. v. STEVENS

No. 4709.

15 F.2d 312 (1926)

HYDRAULIC PRESS BRICK CO. v. STEVENS.

Circuit Court of Appeals, Fifth Circuit.

October 19, 1926.


Attorney(s) appearing for the Case

Harold Hirsch, of Atlanta, Ga., and Edward S. Rogers and Allen M. Reed, both of Chicago, Ill., for appellant.

George Westmoreland, of Atlanta, Ga. (John L. Westmoreland, of Atlanta, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

This suit was brought by appellant to enjoin appellee from infringing a trade-mark. The bill alleges that for many years appellant has been extensively engaged in the manufacture and sale, in interstate commerce, of brick; that in the year 1913 it patented, and has since used as a trade-mark for brick of its manufacture, the arbitrary word "Hy-Tex"; that the trade-mark was duly registered in the United States Patent Office in 1914; that appellant...

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