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MANHATTAN SHIRT CO. v. NATIONAL DEPARTMENT STORES

No. 2058.

26 F.2d 1013 (1928)

MANHATTAN SHIRT CO. v. NATIONAL DEPARTMENT STORES, Inc.

Court of Appeals of District of Columbia.

Decided June 4, 1928.

Attorney(s) appearing for the Case

Louis Alexander, of New York City, for appellant.

J. K. Brachvogel, of New York City, and H. E. Seidel, of Washington, D. C., for appellee.

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

ROBB, Associate Justice.

Appeal from a Patent Office decision dismissing appellant's opposition to the registration by appellee of the word "NADSCO," arranged within a diamond outline, the letters becoming smaller towards the narrower portions of the diamond.

Prior to the adoption and use by appellee of its mark, appellant adopted and registered the word "MANSCO," arranged above a representation of an electric fan.

The Assistant Commissioner pointed...

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