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BURGESS BATTERY CO. v. MARZALL

C. A. No. 3611-50.

101 F.Supp. 812 (1951)

BURGESS BATTERY CO. v. MARZALL.

United States District Court District of Columbia.

December 20, 1951.

Attorney(s) appearing for the Case

Clarence M. Fisher, Washington, D. C., Howard H. Darbo and A. Trevor Jones, Chicago, Ill., for plaintiff.

E. L. Reynolds, Sol., Washington, D. C. for defendant.

YOUNGDAHL, District Judge.

Plaintiff comes into Court for an adjudication authorizing the registration of a design consisting of vertical alternate light and dark stripes of indefinite size and extent, as a trade-mark for batteries on the principal register. On two prior occasions plaintiff endeavored to have registered this design. The registration was first refused by the Court of Customs and Patent Appeals in 1940....

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