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MONTGOMERY WARD & CO. v. SPIEGEL

Patent Appeal No. 4658.

132 F.2d 144 (1942)

MONTGOMERY WARD & CO., Inc., v. SPIEGEL, Inc.

Court of Customs and Patent Appeals.

December 1, 1942.

Attorney(s) appearing for the Case

F. P. Keiper, of Washington, D. C. (C. G. Stallings, of Chicago, Ill., and Earle D. Crammond, of Washington, D. C., of counsel), for appellant.

Benjamin B. Schneider, of Chicago, Ill. (Max Dressler and Albert R. Bell, both of Chicago, Ill., of counsel), for appellee.

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

BLAND, Associate Judge.

In the spring of 1939 appellee, Spiegel, Incorporated, hereafter referred to as Spiegel, made application for the registration of its trade-mark consisting of the words "Air Castle" superimposed upon or in front of a representation of a medieval castle, the words "Air Castle" appearing on a ribbon-like scroll, and in said application alleged use of its said mark upon radio tubes, dry cell batteries, storage batteries, and radios since February...

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