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FRIES & FRIES CO. v. EXCEL CO.

No. 1872.

16 F.2d 542 (1926)

FRIES & FRIES CO. v. EXCEL CO., Inc.

Court of Appeals of District of Columbia.

Decided December 6, 1926.

Attorney(s) appearing for the Case

J. H. Milans and C. T. Milans, both of Washington, D. C., for appellant.

J. N. Ramsey, of Cincinnati, Ohio, for appellee.

Before MARTIN, Chief Justice, VAN ORSDEL, Associate Justice, and HATFIELD, Judge of the United States Court of Customs Appeals.

VAN ORSDEL, Associate Justice.

This is a trade-mark interference between two applications for trade-marks to be used on denatured alcohol for massage purposes. The mark of the appellant company is "X L — Rub" and the mark of the appellee company is

In its application the Fries & Fries Company, the senior party, alleges its earliest date of use February 1, 1922. The junior party, the Excel Company, established use of its mark at a date...

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