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McGRAW-HILL PUB. CO. v. AMERICAN AVIATION ASSOCIATES

No. 7615.

117 F.2d 293 (1940)

McGRAW-HILL PUB. CO., Inc., v. AMERICAN AVIATION ASSOCIATES, Inc.

United States Court of Appeals for the District of Columbia.

December 16, 1940.

Attorney(s) appearing for the Case

Chas. R. Allen, of Washington, D. C., for appellant.

Fred B. Rhodes, Cooper B. Rhodes, and Robert F. Klepinger, all of Washington, D. C., for appellees.

Before GRONER, C. J., and EDGERTON and VINSON, JJ.

VINSON, Associate Justice.

The McGraw-Hill Publishing Company filed a complaint against the American Aviation Associates and its President, Wayne W. Parrish, for trade mark infringement and unfair competition. The District Court dismissed the complaint. The plaintiff appeals.

In 1928 the Aviation Publishing Corporation secured for its periodical a registration of the trade mark, "AVIATION".1 In 1929 the trade mark and the registration...

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