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NU-ENAMEL CORP. v. ARMSTRONG PAINT AND VARNISH WORKS

No. 5505.

81 F.2d 1 (1935)

NU-ENAMEL CORPORATION v. ARMSTRONG PAINT & VARNISH WORKS.

Circuit Court of Appeals, Seventh Circuit.

As Amended on Denial of Rehearing February 6, 1936.

Attorney(s) appearing for the Case

Edward S. Rogers, William T. Woodson, and James H. Rogers, all of Chicago, Ill., for appellant.

Moses Levitan, Harry H. Krinsky, and James J. Glassner, all of Chicago, Ill., for appellee.

Before EVANS, SPARKS, and ALSCHULER, Circuit Judges.

EVANS, Circuit Judge.

There are three questions presented by this appeal, which is from a decree dismissing a complaint which charged appellee with infringing appellant's trade-mark "Nu-Enamel" and with unfairly passing off its product for appellant's. These questions are: (1) Has appellant a valid trade-mark in "Nu-Enamel"? (2) Is this trade-mark infringed by appellee's subsequently issued trade-mark "Nu-Beauty Enamel"? (The words are printed on two lines, the word...

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