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AMERICAN FOUNDRIES v. ROBERTSON

No. 156.

269 U.S. 372 (1926)

AMERICAN STEEL FOUNDRIES v. ROBERTSON, COMMISSIONER, ET AL.

Supreme Court of United States.

Decided January 4, 1926.

Attorney(s) appearing for the Case

Mr. George L. Wilkinson, for American Steel Foundries.

Solicitor General Mitchell filed a memorandum, submitting the case without brief or argument, on behalf of Robertson, Commissioner.

Mr. Nathan Heard, for the Simplex Electric Heating Company.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

Plaintiff and its predecessor, the Simplex Railway Appliance Company, have used the trade-mark "Simplex" on railway car bolsters since 1897 and on car couplers since 1907, the former being registered in the Patent Office in 1911, the latter, in 1909. In 1917 plaintiff adopted and thereafter used the same trade-mark on brake...

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