McGOHEY, District Judge.
This is a suit brought pursuant to Rev. Stat. § 4915, 35 U.S.C.A. § 63, for an adjudication that plaintiff's trade-mark "GROPALS" is entitled to registration. There is also sought a judgment declaring invalid the long registered trade-mark "GRO (representation of a tree) SHOE" of the defendant Macy which successfully opposed plaintiff's application in the Patent Office.
The defendant counterclaims for an injunction and damages...
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