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MILES SHOES v. R. H. MACY & CO.

No. 13, Docket 22360.

199 F.2d 602 (1952)

MILES SHOES, Inc. v. R. H. MACY & CO., Inc.

United States Court of Appeals Second Circuit.

Decided November 3, 1952.

Attorney(s) appearing for the Case

Thomas M. Green, New York City (Thomas V. Kelly, Yonkers, N. Y., Francis C. Browne and William E. Schuyler, Jr., Washington, D. C., counsel), for defendant-appellant.

Edward G. Roe, New York City (William P. Shea, New York City, counsel), for plaintiff-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

Following a denial of registration by the Commissioner of Patents1 plaintiff, Miles Shoes Incorporated, instituted this action under Section 4915 of the Revised Statutes, 35 U.S.C.A. § 63, for an adjudication that he was entitled to register the trade mark "GROPALS" as used on, inter alia, shoes and hosiery; for a declaratory judgment that its trade mark does not infringe defendant's registered...

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