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RICE-STIX DRY GOODS CO. v. JOSEPH HOROWITZ & SONS

No. 1923.

17 F.2d 686 (1927)

RICE-STIX DRY GOODS CO. v. JOSEPH HOROWITZ & SONS, Inc.

Court of Appeals of District of Columbia.

Decided February 7, 1927.

Petition for Rehearing Denied February 26, 1927.

Attorney(s) appearing for the Case

J. J. Gravely, of St. Louis, Mo., and E. S. Clarkson, of Washington, D. C., for appellant.

P. B. Turpin, of Washington, D. C., and John K. Brachvogel and S. W. Foster, both of New York City, for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

MARTIN, Chief Justice.

This is an appeal from concurring decisions of the Patent Office, denying appellant's application for the registration of a trade-mark, because of the prior use of a similar mark by appellee upon goods of the same descriptive properties. Appellant's application was filed on October 15, 1923. The mark consists of the words "Big Chief," associated with the side view figure of an Indian head, dressed after the fashion of an Indian chief. The mark...

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