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R. H. MACY & CO. v. COLORADO CLOTHING MFG. CO.

No. 771.

68 F.2d 690 (1934)

R. H. MACY & CO., Inc., v. COLORADO CLOTHING MFG. CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 21, 1934.

Attorney(s) appearing for the Case

Edward S. Rogers, of Chicago, Ill. (William T. Woodson, of Chicago, Ill., and Elmer L. Brock, of Denver, Colo., on the brief), for appellant.

Cass M. Herrington, of Denver, Colo. (Cass E. Herrington and Simon J. Heller, both of Denver, Colo., on the brief), for appellee.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

R. H. Macy & Co., Inc., brought this suit to restrain infringement of the trade-mark MACY'S and to enjoin the Colorado Clothing Manufacturing Company from using such name or any colorable imitation thereof in connection with its business, and for an accounting.

The Macy Company, founded in 1858 by R. H. Macy, is one of the leading department stores in New York City, doing a business of approximately $100,000,000 a year. It expends...

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