Legal Opinion
Lanolin Plus Cosmetics, Inc. v. Botany Mills, Inc.
Court of Appeals for the Third Circuit
Decided November 18, 1949No. 9986PublishedCited by 2 opinions
1Opinion of the Court
MARIS, Circuit Judge.
This is an appeal from a judgment of the District Court for the District of New Jersey dismissing for lack of jurisdiction a complaint filed by the plaintiff, Lanolin Plus Cosmetics, Inc., against the defendant, Botany Mills, Inc., under § 4915 of the Revised Statutes, as amended, 35 U.S.C.A. § 63.
The controversy originated in the Patent Office. The present plaintiff’s predecessor filed application Serial No. 479,141 under the Trade-Mark Act of 1905, 33 Stat. 724, to register the trade mark “Lanolin Plus” for cosmetics, with the word “Lanolin” disclaimed. The proposed…
2Cases cited4 opinions
- Coe v. Hobart Mfg. Co.Court of Appeals for the D.C. Circuit · 1939
- Tomlinson of High Point v. CoeCourt of Appeals for the D.C. Circuit · 1941
- Drackett Co. v. Chamberlain Co.Court of Appeals for the Third Circuit · 1936
- Barron-Gray Packing Co. v. Kings-LandCourt of Appeals for the D.C. Circuit · 1948
3Cited by2 opinions
- Cleveland Heater Co. v. SawyerDistrict Court, District of Columbia · 1952
- Price v. George Melman & Co.District Court, D. Delaware · 1965