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STIX, BAER & FULLER CO. v. ALFRED J. SWEET CO.

No. 8924.

49 F.2d 598 (1931)

STIX, BAER & FULLER CO. v. ALFRED J. SWEET CO.

Circuit Court of Appeals, Eighth Circuit.

April 6, 1931.

Attorney(s) appearing for the Case

Ralph Kalish, of St. Louis, Mo., for appellant.

Marston Allen, of Cincinnati, Ohio (Allen & Allen, of Cincinnati, Ohio, and Hugh K. Wagner, of St. Louis, Mo., on the brief), for appellee.

Before STONE and BOOTH, Circuit Judges, and DEWEY, District Judge.

STONE, Circuit Judge.

This is an action for infringement of a trade-mark on shoes and for unfair competition. From a decision favoring complainant, the defendant brings this appeal.

We place our decision upon unfair competition and notice the matter of trade-mark only so far as it sheds light upon the other issue. The registered trade-mark here involved was "Ye Olde Tyme" in a particular arrangement of old English type and was applicable to leather boots and...

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