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HAMILTON, BROWN SHOE CO. v. SAM B. WOLF SONS CO.

Patent Appeal No. 2241.

39 F.2d 272 (1930)

HAMILTON, BROWN SHOE CO. v. SAM B. WOLF SONS CO.

Court of Customs and Patent Appeals.

April 10, 1930.

Attorney(s) appearing for the Case

Luke E. Hart, A. J. McCauley, and Herbert M. Hart, all of St. Louis, Mo. (Elmer Stewart, of Washington, D. C., of counsel), for appellant.

Walter F. Murray and Frank L. Zugelter, both of Cincinnati, Ohio, for appellee.

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

HATFIELD, Associate Judge.

This is an appeal, in an opposition proceeding, from the decision of the Commissioner of Patents.

In its application for registration, filed April 30, 1926, appellant stated that it had continuously used the trade-mark "American Lady" on "Ladies and Misses" shoes since November 7, 1900.

In its notice of opposition, appellee alleged that it was the owner of the trade-mark "The American Girl"; that it and its predecessor had...

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