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ADOLPH KASTOR & BROS. v. FEDERAL TRADE COMMISSION

No. 1.

138 F.2d 824 (1943)

ADOLPH KASTOR & BROS., Inc., v. FEDERAL TRADE COMMISSION.

Circuit Court of Appeals, Second Circuit.

November 12, 1943.

Attorney(s) appearing for the Case

Sylvan Gotshal, of New York City, for petitioner.

Joseph J. Smith, Jr., of Washington, D. C., for respondent.

Boy Scouts of America, amicus curiae.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

This case comes before us upon a petition to review an order of the Federal Trade Commission which forbade the petitioner to use the words, "Scout," "Boy Scout," or "Scouting," upon, or in connection with, any knives made or sold by it. The facts upon which the order issued are in substance as follows. The Kastor Company, or its predecessor — a partnership — has been making and selling cutlery and the like since 1879; and the...

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