ELY & WALKER DRY GOODS CO. v. SEARS, ROEBUCK & CO.

Patent Appeal No. 3813.

90 F.2d 257 (1937)

ELY & WALKER DRY GOODS CO. v. SEARS, ROEBUCK & CO.

Court of Customs and Patent Appeals.

June 7, 1937.


Attorney(s) appearing for the Case

William Keane Small, of St. Louis, Mo., for appellant.

Edward D. Jones, of Chicago, Ill., for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.


GARRETT, Associate Judge.

This is a trade-mark opposition proceeding in which appellee (hereinafter referred to as opposer) opposes the application of appellant for registration of the word "Needleized" as a trade-mark for cotton piece goods. It comes to us by appeal from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences sustaining the opposition and denying the registration.

In its notice of opposition opposer...

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