E. I. Du Pont De Nemours & Co. v. Celanese Corp. of America
Court of Customs and Patent Appeals
1DissentO’Connell, Associate Judge
The subject matter of the appeal nowise involves the issue that a proper license agreement is valid and does not indicate abandonment on the part of the owner, since appellant from the outset of the proceedings heretofore begun in the Patent Office has consistently prosecuted its petition upon the basic principle that where the mark is used in no such manner as to cause the mark to lose its significance as an indication of origin and to deceive the public, the owner thereof may authorize others, including subsidiaries and those who are completely independent, to legitimately use the mark on…
2Cases cited13 opinions
- E. F. Prichard Co. v. Consumers Brewing Co.Court of Appeals for the Sixth Circuit · 1943
- Macmahan Pharmacal Co. v. Denver Chemical Mfg. Co.Court of Appeals for the Eighth Circuit · 1901
- Smith v. Dental Products Co.Court of Appeals for the Seventh Circuit · 1944
- Application of Laskin Bros.Court of Customs and Patent Appeals · 1944
- Everett O. Fisk & Co. v. Fisk Teachers' Agency, Inc.Court of Appeals for the Eighth Circuit · 1924
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