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ROSENBERG BROS. & CO. v. HOROWITZ

Patent Appeal No. 2150.

35 F.2d 784 (1929)

ROSENBERG BROS. & CO. v. HOROWITZ.

Court of Customs and Patent Appeals.

December 2, 1929.

Attorney(s) appearing for the Case

Clarence G. Campbell, of New York City, for appellant.

George Hesselman and W. B. Morton, both of New York City, and Richard K. Stevens, of Washington, D. C., for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

LENROOT, J.

This is an appeal from the decision of the Commissioner of Patents dismissing the opposition in a trade-mark case.

The opposition was filed by appellant against the trade-mark application of appellee. The trade-mark sought to be registered consists of the words "Washington Park," arranged in a somewhat rectangular border, with what is presumed to be an outline of the head of George Washington arranged at the lower part of the border.

The...

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