EDWARD SMITH & CO. v. SCHRACK & CO.

No. 1858.

13 F.2d 318 (1926)

EDWARD SMITH & CO. v. C. SCHRACK & CO.

Court of Appeals of District of Columbia.

Decided June 1, 1926.


Attorney(s) appearing for the Case

W. B. Morton and G. J. Hesselman, both of New York City, for appellant.

H. F. Riley, of Washington, D. C., and F. A. Blount, of Philadelphia, Pa., for appellee.

Before MARTIN, Chief Justice, ROBB, Associate Justice, and BAILEY, Justice of the Supreme Court of the District of Columbia.


ROBB, Associate Justice.

Appeal from a decision of the Patent Office, dismissing appellant's opposition to the registration by appellee, under the 10-year clause of the Trade-Mark Act of 1905 (33 Stat. 724), of the words "The Oldest Varnish Makers in America," as used on varnishes. The Patent Office has held that appellee has established actual and exclusive trade-mark use of these words during the 10-year period, which ruling, of course, necessarily is accompanied...

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