W. H. CHILDS & SON v. G. SIDENBERG & CO.

No. 1816.

11 F.2d 463 (1926)

W. H. CHILDS & SON v. G. SIDENBERG & CO.

Court of Appeals of District of Columbia.

Decided March 1, 1926.


Attorney(s) appearing for the Case

E. W. Bradford, of Washington, D. C., for appellants.

J. L. Levy and O. E. Edwards, both of New York City, 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 canceling a trade-mark registration theretofore granted to the appellant. The mark in question was registered in the month of February, 1921, and consisted of the word "Capitol," used upon muslin and cotton piece goods; the appellant claiming continuous use of it since January, 1888, together with a registration of it owned by appellant, dated October, 1890.

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