Hay & Todd Wins

HAY & TODD WINS.

They Have the Right to Use Their Trade Mark.

The Hay & Todd Manufacturing Company have just been victorious in a case before the commissioner of patents in solving their 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 theirs April 27, 1897. The examiner of interference awarded priority to Quern Bros. and the Hay & Todd Manufacturing Company appealed. Mr. Charles J. Kintner, of New York, well known in this city, was one of their attorneys. The Commissioner of Patents finds that the Hay & Todd Manufacturing Company adopted and used the mark in connection with 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 became recognized by the trade as the distinguishing mark of their goods, and that they were thereby in a position to invoke the aid of equity for the protection of their rights.