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KUSHNER & GILLMAN v. MAYFLOWER WORSTED CO.

No. 1799.

11 F.2d 462 (1926)

KUSHNER & GILLMAN, Inc., v. MAYFLOWER WORSTED CO.

Court of Appeals of District of Columbia.

Decided March 1, 1926.

Attorney(s) appearing for the Case

J. G. M. Browne, of Brooklyn, N. Y., for appellant.

W. S. Hodges, of Washington, D. C., and Morton Collingwood, of Boston, Mass., for appellee.

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

MARTIN, Chief Justice.

This is an appeal from a decision of the Commissioner of Patents, sustaining appellee's opposition, and rejecting appellant's application for the registration of a trade-mark.

Appellant is a manufacturer of men's clothing, selling exclusively to the retail trade. Appellee is a manufacturer of worsted fabrics from which men's clothing is manufactured, selling only to manufacturers and jobbers. It does not manufacture clothing.

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