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NIEMAN v. PLOUGH CHEMICAL CO.

No. 4784.

22 F.2d 73 (1927)

NIEMAN v. PLOUGH CHEMICAL CO.

Circuit Court of Appeals, Sixth Circuit.

October 14, 1927.

Attorney(s) appearing for the Case

James N. Ramsey, of Cincinnati, Ohio, for appellant.

John C. Carpenter, of Chicago, Ill., and J. W. Canada, of Memphis, Tenn. (Munday, Clarke & Carpenter, of Chicago, Ill., and W. R. Wood, of Cincinnati, Ohio, on the brief), for appellee.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

KNAPPEN, Circuit Judge.

This controversy concerns the rights of the respective parties to the use of the trade-mark or trade-name "Black and White," as severally used by them.

On February 18, 1921, appellant applied for registration of a trade-mark "Black and White" for printed books and pamphlets in series (the first stated use thereof being February 1, 1921), and certificate of registration No. 148,495 was granted...

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