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CHECKER CAB MFG. CORPORATION v. GREEN CAB CO.

No. 5183.

35 F.2d 631 (1929)

CHECKER CAB MFG. CORPORATION v. GREEN CAB CO. et al.

Circuit Court of Appeals, Sixth Circuit.

November 13, 1929.

Attorney(s) appearing for the Case

L. C. Spieth, of Cleveland, Ohio (White, Cannon & Spieth, of Cleveland, Ohio, on the brief), for appellant.

John B. Oviatt, of Cleveland, Ohio, for appellees.

Before DENISON, HICKS and HICKENLOOPER, Circuit Judges.

HICKENLOOPER, Circuit Judge.

This is an action to enjoin infringement of technical trade-mark claimed by plaintiff, here appellant, as a manufacturer of taxicabs. The mark in question is a narrow band of checkerboard design, alternate squares of white and black, around the body of the cab just below the mid-line or top structure. The bill was dismissed in the court below.

Defendant began the operation of taxicabs in...

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