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FAWCETT PUBLICATIONS v. POPULAR MECHANICS CO.

No. 5751.

80 F.2d 194 (1935)

FAWCETT PUBLICATIONS, Inc. v. POPULAR MECHANICS CO.

Circuit Court of Appeals, Third Circuit.

October 18, 1935.

Attorney(s) appearing for the Case

Chester W. Johnson and Dan J. O'Connell, both of Minneapolis, Minn. (Marvel, Morford, Ward & Logan and Arthur G. Logan, all of Wilmington, Del., of counsel), for appellant.

Edward S. Rogers, William T. Woodson, and James H. Rogers, all of Chicago, Ill. (Hugh M. Morris and Alexander Nichols, both of Wilmington, Del., and E. K. Lundy, of Chicago, Ill., of counsel), for appellee.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

DAVIS, Circuit Judge.

This is a suit for infringement of a trade-mark and unfair competition.

The plaintiff, the Popular Mechanics Company, has published its magazine, "Popular Mechanics," since 1902. The name "Popular Mechanics" was registered as a trade-mark in 1914.

As the title indicates, the subject-matter of the magazine is concerned with a popular and elementary portrayal of mechanical and inventional progress. Its narrative is concise and ...

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