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E. I. DU PONT DE NEMOURS & CO. v. SYLVANIA I. CORPORATION

No. 4813.

122 F.2d 400 (1941)

E. I. DU PONT DE NEMOURS & CO. v. SYLVANIA INDUSTRIAL CORPORATION.

Circuit Court of Appeals, Fourth Circuit.

August 16, 1941.

Attorney(s) appearing for the Case

Hugh M. Morris, of Wilmington, Del. (J. Gordon Bohannan, of Petersburg, Va., on the brief), for appellant.

C. O'Conor Goolrick, of Fredericksburg, Va., and Ellis W. Leavenworth, of New York City (Leslie D. Taggart, of New York City, on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

The validity of the word "cellophane" as a trade-mark indicating a kind of wrapping material manufactured by E. I. duPont de Nemours and Company, a Delaware corporation, is the subject matter of this suit in which Sylvania Industrial Corporation, a Virginia corporation, is charged with infringement and unfair competition. In answer to the bill of complaint Sylvania denied infringement and averred affirmatively that "cellophane" is not a trademark...

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