WORNOVA MFG. CO. v. McCAWLEY & CO.

No. 232.

11 F.2d 465 (1926)

WORNOVA MFG. CO., Inc., v. McCAWLEY & Co., Inc.

Circuit Court of Appeals, Second Circuit.

March 26, 1926.


Attorney(s) appearing for the Case

Everett, Clarke & Benedict, of New York City (Herman S. Hertwig, of New York City, and William H. Surratt, of Baltimore, Md., of counsel), for appellant.

Emil Weitzner, of New York City, for appellee.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.


MANTON, Circuit Judge.

Appellee, a New York corporation, had issued to it the trade-mark "Wornova" on September 12, 1922. The appellant, a Maryland corporation, had issued to it the trade-mark "Slipova" on March 5, 1918. The appellee manufactures play clothes for children, including such garments as Indian suits, cowboy suits, scout suits, baseball suits, and overalls. About 90 per cent. of its business is the manufacture and sale of Indian and cowboy suits. The appellant...

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