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AUTOMATIC ELECTRIC, INC. v. NORTH ELECTRIC MFG. CO.

No. 4905.

28 F.2d 979 (1928)

AUTOMATIC ELECTRIC, Inc., v. NORTH ELECTRIC MFG. CO.

Circuit Court of Appeals, Sixth Circuit.

November 7, 1928.

Attorney(s) appearing for the Case

Clarence E. Mehlhope, of Chicago, Ill. (Charles E. Brock, of Cleveland, Ohio, and Walter A. Scott, of Chicago, Ill., on the brief), for appellant.

F. O. Richey, of Cleveland, Ohio (Richey & Watts, of Cleveland, Ohio, on the brief), for appellee.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

This is a suit to restrain infringement of a trademark and for an accounting for unfair competition in its use. Both parties are manufacturers of telephone equipment. The trade-mark in question consists of the letters "P-A-X," an abbreviation of the words "Private Automatic Exchange." The District Court held that this abbreviation was not a valid trade-mark and that there had been no unfair competition.

A private automatic exchange...

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