Montgomery Ward & Co. v. Spiegel Inc.

■ Bland, Judge,

delivered the opinion of the court:. In the spring of 1939 appellee, Spiegel Incorporated, hereafter referred to as Spiegel, made application for the registration of its trade-mark consisting of the words “AIR CASTLE” superimposed upon or in front of a representation of a medieval castle, the words, “AIR CASTLE” appearing on a ribbon-like scroll, and in said application alleged use of its said mark upon radio tubes, dry cell batteries, storage batteries, and radios since February 1934.

Appellant, Montgomery Ward & Co., Incorporated, hereafter referred to as Ward, upon receiving…