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EMERSON ELECTRIC MFG. CO. v. EMERSON RADIO & P. CORP.

Patent Appeals No. 3779.

90 F.2d 331 (1937)

EMERSON ELECTRIC MFG. CO. v. EMERSON RADIO & PHONOGRAPH CORPORATION.

Court of Customs and Patent Appeals.

June 21, 1937.

Attorney(s) appearing for the Case

Lawrence C. Kingsland, of St. Louis, Mo. (Edmund C. Rogers and Estill E. Ezell, both of St. Louis, Mo., of counsel), for appellant.

Darby & Darby, of New York City (Samuel E. Darby, Jr., and Louis D. Fletcher, both of New York City, of counsel), for appellee.

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

GRAHAM, Presiding Judge.

The appellee, Emerson Radio & Phonograph Corporation, a corporation of the state of New York, filed an application for the registration of a trade-mark, claimed to have been used in connection with the sale of "radio receiving sets, television receiving sets, radio-television receiving sets, and parts thereof, viz., tubes, eliminators and loud speakers," continuously since about July 1, 1927. The trade-mark consisted of a representation...

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