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GRAY v. ARMAND CO.

No. 2022.

24 F.2d 878 (1928)

GRAY v. ARMAND CO.

Court of Appeals of the District of Columbia.

Decided March 5, 1928.

Petition for Rehearing Denied March 24, 1928.

Attorney(s) appearing for the Case

W. P. Preble, of New York City, for appellant.

Paul Finckel and J. T. Newton, both of Washington, D. C., and W. P. Bair, of Des Moines, Iowa, for appellee.

Before MARTIN, Chief Justice, VAN ORSDEL, Associate Justice, and SMITH, Judge of the United States Court of Customs Appeals.

VAN ORSDEL, Associate Justice.

The trade-marks in interference are substantially the same, consisting of the picture of a girl in similar style dress, slightly differing in color. The goods on which the marks are claimed to have been used by the respective parties are cosmetics, including face powders, talcum powders, creams, lipsticks, preparations for the hair, etc. The Armand Company established prior use of the design in interference.

The Examiner of Trade...

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