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SWEENY v. REPLOGLE

No. 1829.

12 F.2d 325 (1926)

SWEENY v. REPLOGLE.

Court of Appeals of District of Columbia.

Decided April 5, 1926.

Attorney(s) appearing for the Case

J. T. Newton, of Washington, D. C., for appellant.

D. B. Replogle, of Berkeley, Cal., and M. H. Lane, of Washington, D. C., for appellee.

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

VAN ORSDEL, Associate Justice.

This is a trade-mark opposition, filed by appellee, Replogle, opposing the registration by appellant, Sweeny, of the word "Pneuway" as a trade-mark for vacuum cleaners. The opposition is based upon the alleged prior use by appellee of the mark "Pneumode" upon vacuum cleaners and parts thereof.

The goods are the same, and the opposer has established prior adoption and use of his mark. The case turns solely on the similarity of...

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