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Hay & Todd Wins

Hay & Todd Wins image
Parent Issue
Public Domain
OCR Text

Ihe Hay & Todd Manufacturing Company liave just been victorious in a case before the commissioner of patents in solving tlieir right to use a trade mark consisting of the picture or representation of "a standing female figure clothed in a tight fitting garment with uplifted arms holding aloft a scroll," which is used on knit goods. The Hay & Todd Co., filed their applicating April 18, 1898, while Quern Brothers registered theira April 27, 1897. The examiner of interference awarded priority to Quern Bros. and the Hay & Todd Manufacturing Company appealcd. Mr. Charles J. Kintner, of New York, well koown in this city, was one of their attorneys. The Commissionerof Patents flns that theHay&Tood Manufacturing Company adopted and used the mark in connection vvith their knit goods as early as 1893 and concluded: "It is fair to deduce from the testimony that the mark in controversy was so used by the Hay & Todd Manufacturing Co., that it becarne recognized by the trade as the distinguishing-rnark of their goods, and that tlaey were thereby in a position to invoke the aid of equity for the protection of their rights.