Legal Opinion

United Electric Co. v. Replogle

Court of Appeals for the D.C. Circuit

Decided May 7, 1923No. 1591PublishedCited by 2 opinions

1Opinion of the Court

SMYTH, Chief Justice.

The United Electric Company made application for the registration of a trade-mark entitled "A Red Band," applied to vacuum cleaners, as shown in the following drawing:

It showed that it had used the mark continuously in its business since 1918. Replogle opposed the registration on the ground that he owned a registered trade-mark which he had applied continuously to vacuum cleaners since its registration in 1912. The certificate of registration describes the mark as “a red ring and the words ‘Red Ring,’ ” which is illustrated as follows:

No testimony was taken by either…

2Cases cited2 opinions

  1. William Waltke & Co. v. Geo. H. Schafer & Co.Court of Appeals for the D.C. Circuit · 1920
  2. Aunt Jemima Mills Co. v. Blair Milling Co.Court of Appeals for the D.C. Circuit · 1921

3Cited by2 opinions

  1. Mershon Company v. Frank A. Pachmayr, and Frank A. Pachmayr, Doing Business Under the Fictitious Firm Name and Style of Pachmayr Gun WorksCourt of Appeals for the Ninth Circuit · 1955
  2. California Packing Corp. v. HalfertyDistrict Court, District of Columbia · 1924

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