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SPEED PRODUCTS CO. v. TINNERMAN PRODUCTS

No. 64, Docket 21373.

179 F.2d 778 (1949)

SPEED PRODUCTS CO., Inc. v. TINNERMAN PRODUCTS, Inc.

United States Court of Appeals Second Circuit.

Decided December 14, 1949.

Attorney(s) appearing for the Case

Bates, Teare & McBean, Cleveland, Ohio, Darby & Darby, New York City (Albert R. Teare, Cleveland, Ohio, of counsel), for defendant-appellant.

Charles M. Palmer, Washington, D. C., Harry Price, New York City, for plaintiff-appellant.

Before AUGUSTUS N. HAND, CHASE and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The Plaintiff's Appeal.

This appeal is from the judgment which granted registration under Section 4915 of the Revised Statutes, as amended, 35 U.S. C.A. § 63, to the plaintiff's trade-mark despite the denial of the application filed on May 22, 1943 in the Patent Office, Serial No. 460,846. The mark is composed of a design representing a sort of broad arrow having wings with lines simulating...

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