DIETRICH, Circuit Judge.
This is a suit to enjoin infringement of a trade-mark. Sustaining a motion to the amended bill, supplemented by answers to interrogatories propounded by defendant, the court below entered a decree of dismissal, from which plaintiff appeals. Admittedly defendant infringes if plaintiff has a valid trade-mark in the words "Kelp Ore," and hence consideration is limited to the one question.
About 1898 plaintiff discovered upon land belonging...
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