ESTATE STOVE CO. v. GRAY & DUDLEY CO.

No. 5236.

50 F.2d 413 (1931)

ESTATE STOVE CO. v. GRAY & DUDLEY CO.

Circuit Court of Appeals, Sixth Circuit.

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.


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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