Court of Appeals for the D.C. Circuit April 6, 1925, No. 1714 (J. E. Bates & Co. v. A. J. Bates Co.)

MARTIN, Chief Justice.

This is an appeal by J. E. Bates & Co., Inc., from a decision of the Assistant Commissioner of Patents, denying a petition of the appellant, seeking a cancellation of the registration of “The Bates Shoe” as a trade-mark of the appellee.

The record contains extended evidence, but the controlling facts are plain. In the year 1866 A. J. Bates and J. E.