Legal Opinion
Diva Laboratorium Aktienge-Sellschaft v. DeLoney & Co.
District Court, District of Columbia
Decided February 3, 1965No. Civ. A. Nos. 2885-61, 3041-63PublishedCited by 4 opinions
1Opinion of the Court
JACKSON, District Judge.
These civil actions arose from a refusal by the Patent Office to grant plaintiff a registration for the trademark *869“F99”. The application for registration, filed on January 22, 1958, was rejected by the Patent Office on the ground that “F99” was confusingly similar to a trademark “99” registered previously by DeLoney & Company, Inc.
In order to overcome the rejection, the plaintiff began a separate proceeding in the Patent Office to have the DeLoney registration cancelled. The Patent Office, however, refused to cancel the De-Loney registration, finding that it was still…
2Cases cited6 opinions
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Shell Development Co. v. Universal Oil Products Co.Court of Appeals for the Third Circuit · 1946
- Henry L. Hayes v. Frank W. LivermontCourt of Appeals for the D.C. Circuit · 1960
- Eddy W. Eckey v. Robert C. Watson, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1959
- Amerio Contact Plate Freezers, Inc. v. Frank W. KnowlesCourt of Appeals for the D.C. Circuit · 1960
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3Cited by4 opinions
- Threatt v. WinstonDistrict of Columbia Court of Appeals · 2006
- Arizona Department of Economic Security v. HollandCourt of Appeals of Arizona · 1978
- Besuner v. Faberge, IncorporatedDistrict Court, N.D. Ohio · 1974
- Lewis v. Microsoft Corp.District Court, E.D. North Carolina · 2006