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DAGGETT & RAMSDELL, INC. v. MARZALL

Civ. No. 54-52.

106 F.Supp. 38 (1952)

DAGGETT & RAMSDELL, Inc. v. MARZALL, Commissioner of Patents et al.

United States District Court District of Columbia.

May 7, 1952.

Attorney(s) appearing for the Case

Francis C. Browne, Jewett, Mead, Browne & Schuyler, Washington, D. C., for plaintiff.

E. L. Reynolds, Solicitor, U. S. Patent Office, Washington, D. C., for defendant Commissioner.

John W. Brennan, Washington, D. C., for defendant Lactona, Inc.

MORRIS, District Judge.

This is an action brought under Section 9 of the Trade-Mark Act of 1905, now 15 U.S.C.A. § 1071, and Section 4915 of the Revised Statutes, 35 U.S.C.A. § 63, by the plaintiff, who opposed the registering by the defendant Commissioner of Patents of a trade-mark upon the application of the defendant Lactona, Inc., which the plaintiff insists should not be registered because of the long use by the plaintiff of a similar trade-mark. Notwithstanding...

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