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RICHMOND HOSIERY MILLS v. COMMISSIONER OF INTERNAL REVENUE

No. 5352.

29 F.2d 262 (1928)

RICHMOND HOSIERY MILLS v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

November 23, 1928.

Attorney(s) appearing for the Case

Sam E. Whitaker and J. B. Sizer, both of Chattanooga, Tenn. (Whitaker & Whitaker and Sizer, Chambliss & Sizer, all of Chattanooga, Tenn., on the brief), for petitioner.

Mabel Walker Willebrandt, Asst. Atty. Gen., Millar E. McGilchrist, Sp. Asst. Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Int. Rev., and V. J. Heffernan, Sp. Atty., Bureau of Int. Rev., both of Washington, D. C. (J. Louis Monarch, Sp. Asst. Atty. Gen., and Clark T. Brown, Sp. Atty., Bureau of Int. Rev., of Washington, D. C., on the brief), for respondent.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Petitioner, a Georgia corporation, engaged in manufacturing hosiery, had mills at Rossville, Ga., and Chattanooga, Tenn. In 1908 it adopted and copyrighted the trade-mark "Wunderhose" for certain of its products made at the Chattanooga mill and from the latter part of that year until the early part of 1914 it carried on an extensive campaign advertising "Wunderhose," and expended $223,749.77 for that purpose. Petitioner employed a number of...

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