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EDGAR-MORGAN CO. v. ANDERSON

No. 1990.

23 F.2d 896 (1927)

EDGAR-MORGAN CO. v. ANDERSON.

Court of Appeals of District of Columbia.

Decided December 5, 1927.

Petition for Modification Denied January 21, 1928.

Attorney(s) appearing for the Case

A. E. Wallace, of Chicago, Ill., for appellant.

L. B. Kemon, of Washington, D. C., for appellee.

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

VAN ORSDEL, Associate Justice.

Appellant, Edgar-Morgan Company, filed a petition for the cancellation of the trade-mark "Creamo" placed above a circle in which appears the head of a mule. The mark is used on oats for use as stock feed. The petitioner claims damage through prior use upon stock feed of a mark which consists of the words "Old Beck" and a red disk underneath, upon which appears the head of a mule.

No testimony was taken by the appellee; hence...

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