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SCHOLL MFG. CO. v. SCHIFF CO.

No. 9220.

158 F.2d 101 (1946)

SCHOLL MFG. CO., Inc., v. SCHIFF CO. et al.

United States Court of Appeals District of Columbia.

Decided December 9, 1946.

Attorney(s) appearing for the Case

Mr. Samuel W. Kipnis, of Chicago, Ill., with whom Mr. William A. Smith, Jr., of Chicago, Ill., was on the brief, for appellant. Mr. Benjamin H. Sherman, of Chicago, Ill., also entered an appearance for appellant.

Mr. A. Yates Dowell, of Washington, D. C., for appellee Schiff Company.

Mr. E. L. Reynolds, United States Patent Office, of Washington, D. C., for appellee Casper W. Ooms, Commissioner of Patents.

Before EDGERTON, CLARK, and PRETTYMAN, Associate Justices.

PRETTYMAN, Associate Justice.

This is a trade-mark case. Appellee-company sought to register a composite mark consisting of the words "Medico Pedic", printed in a peculiar script, and "For Foot Health", both expressions being framed in rectangular lines and extending across a drawing of a shield. Appellant opposed the registration because of its prior registration of the word "Practipedic". Both marks are applied to shoes. The Commissioner of Patents denied appellee...

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