Circuit Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
June 9, 1931.
June 9, 1931.
Attorney(s) appearing for the Case
F. M. Bass, of Nashville, Tenn. (Greer Marechal, of Dayton, Ohio, Fyke Farmer and Bass, Berry & Sims, all of Nashville, Tenn., and Drury W. Cooper, of New York City, on the brief), for appellant.
K. T. McConnico and C. P. Hatcher, both of Nashville, Tenn. (Pitts, McConnico & Hatcher, of Nashville, Tenn., on the brief), for appellee.
Before DENISON, MACK, and MOORMAN, Circuit Judges.
Circuit Court of Appeals, Sixth Circuit.
PER CURIAM.
Our opinion [41 F.2d 462] erroneously assumed that the plaintiff (appellant) had characterized its product by the advertising catch word or "slogan," "No, this is not a phonograph," and thereupon held that defendant's "No, this not a victrola," in connection with a closely similar picture, tended toward deception, to an unpermissible degree. The fact is that the plaintiff's advertising slogan was "Looks like a phonograph...
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