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JUNG ARCH BRACE CO. v. SCHOLL MFG. CO.

Patent Appeal No. 2154.

36 F.2d 1007 (1930)

JUNG ARCH BRACE CO. v. SCHOLL MFG. CO., Inc.

Court of Customs and Patent Appeals.

January 27, 1930.

Attorney(s) appearing for the Case

W. F. Murray and Frank L. Zugelter, both of Cincinnati, Ohio, for appellant.

Charles W. Hills, of Chicago, Ill., and Myron G. Clear, of Chicago, Ill. (A. C. Mabee, of Chicago, Ill., of counsel), for appellee.

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

GRAHAM, Presiding Judge.

The appellee, Scholl Manufacturing Company, Inc., filed its application for registration of trade-mark December 1, 1924. The mark in question was a representation of a naked foot within an annular life preserver and was applied to foot corrective appliances, such as arch supports, toe separators, and other like articles. The applicant alleged in its petition that it had used the mark continuously on its goods since February, 1915. The appellant...

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