WINCHESTER REPEATING ARMS CO. v. WINCHARGER CORP.

Patent Appeal No. 4528.

124 F.2d 189 (1941)

WINCHESTER REPEATING ARMS CO. v. WINCHARGER CORPORATION.

Court of Customs and Patent Appeals.

Rehearing Denied February 20, 1942.


Attorney(s) appearing for the Case

Hervey, Barber & McKee, of New York City (Morrison T. Hankins, of New York City, and Charles R. Allen, of Washington, D. C., of counsel), for appellant.

Irving Herriott, of Chicago, Ill., and Charles M. Thomas, of Washington, D. C., for appellee.

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


BLAND, Associate Judge.

This controversy involves the petition of the Winchester Repeating Arms Company (Western Cartridge Company, assignee, substituted), hereinafter called the appellant, to cancel, under section 13 of the Trade-Mark Act of February 20, 1905, as amended, 15 U.S.C.A. § 93, two trade-mark registrations granted to the Wincharger Corporation, hereinafter called the appellee.

The involved trade-mark registrations are No. 346,716, of June...

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