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SEXTON MFG. CO. v. CHESTERFIELD SHIRT CO.

No. 2025.

24 F.2d 288 (1928)

SEXTON MFG. CO. et al. v. CHESTERFIELD SHIRT CO.

Court of Appeals of District of Columbia.

Decided February 6, 1928.

Attorney(s) appearing for the Case

S. G. Tate, of Washington, D. C., and T. H. Creighton, of Fairfield, Ill., for appellant.

H. G. Hunt, of Washington, D. C., for appellee.

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

ROBB, Associate Justice.

Appeal from concurrent decisions of the Patent Office tribunals in a trade-mark interference proceeding, refusing registration to the Sexton Manufacturing Company of the word "Chesterfield," on the ground of prior adoption and use by the appellee of the same mark on the same class of goods.

Upon the declaration of the interference between the Sexton Company and the Chesterfield Company, the Patent Office discovered that the same word...

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