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DAGGETT & RAMSDELL, INCORPORATED v. MARZALL

Civ. No. 54-52.

128 F.Supp. 906 (1954)

DAGGETT & RAMSDELL, Incorporated, Plaintiff, v. John A. MARZALL, Commissioner of Patents, and Lactona, Incorporated, Defendants.

United States District Court, District of Columbia.

November 4, 1954.

Attorney(s) appearing for the Case

Francis C. Browne, William E. Schuyler, Jr. (of Mead, Browne, Schuyler & Beveridge), Washington, D. C., for plaintiff.

E. L. Reynolds, Sol., U. S. Patent Office, J. Y. Houghton, Washington, D. C., for defendant, Lactona.

YOUNGDAHL, District Judge.

This is a suit to restrain the issuance of a trade-mark registration. Lactona, Inc., defendant, filed an application for a trade-mark registration on May 5, 1947, under the Trade-Mark Act of 1905, now 15 U.S.C.A. § 1051 et seq. It sought registration of the trade-mark "Debutanset" to be used on hairbrushes, hairbrush handles and hairbrush sets. Trade-marks are registered in classes. This particular one falls into a class entitled "Brooms...

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