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NISLEY SHOE CO. v. NISLEY CO.

Nos. 6465, 6481.

72 F.2d 118 (1934)

NISLEY SHOE CO. v. NISLEY CO. et al. NISLEY CO. et al. v. NISLEY SHOE CO.

Circuit Court of Appeals, Sixth Circuit.

June 29, 1934.

Attorney(s) appearing for the Case

H. A. Toulmin, Jr., of Dayton, Ohio (H. A. Toulmin, of Dayton, Ohio, on the brief), for Nisley Shoe Co.

Francis J. Wright and Earl F. Morris, both of Columbus, Ohio (Arnold, Wright, Purpus & Harlor, of Columbus, Ohio, on the brief), for Nisley Co. and G. Edwin Smith Shoe Co.

Before MOORMAN, HICKS, and ALLEN, Circuit Judges.

MOORMAN, Circuit Judge.

Since 1905 Charles Nisley has owned and operated a retail shoe store in Springfield, Ohio, under the corporate names of Nisley Arcade Shoe Company and Nisley Shoe Company. Throughout this time he has used the trade-mark "Nisley" on his shoes and containers. For many years he purchased his shoes from the G. Edwin Smith Shoe Company. In 1924 the Smith Company decided to establish retail stores as an outlet for its product, and to that end obtained...

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