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SAN FRANCISCO ASS'N FOR THE BLIND v. INDUSTRIAL AID

No. 13143.

152 F.2d 532 (1946)

SAN FRANCISCO ASS'N FOR THE BLIND v. INDUSTRIAL AID FOR THE BLIND, Inc.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied February 6, 1946.

Attorney(s) appearing for the Case

Hugh N. Orr, of San Francisco, Cal. (Rodney Bedell, of St. Louis, Mo., and Charles S. Evans, of San Francisco, Cal., on the brief), for appellant.

Joseph J. Gravely, of St. Louis, Mo. (Emmet T. Carter, David Baer, Jr., Carter, Bull & Garstang, and Carr, Carr & Gravely, all of St. Louis, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

This appeal is from a judgment dismissing the complaint of the appellant. The complaint charged the appellee with infringement of the appellant's registered trade-mark "Blindcraft" and with unfair competition. The appellant will be referred to as "plaintiff", and the appellee as "defendant". The District Court determined that the term "Blindcraft" is descriptive and not subject to appropriation as...

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