Orange Crush Co. v. California Crushed Fruit Co.

ROBB, Associate Justice.

Appellant, alleging that it had built up a very extensive trade in the beverages “Orange Crush” and “Lemon Crush,” prior to the adoption by appellee of the mark “Suncrush,” instituted an opposition proceeding against the registration of the latter term. The tribunals of the Patent Office, while ruling that the marks were applied to goods of the same descriptive properties, dismissed the opposition; the ground of the Assistant Commissioner’s decision being that orange crush and lemon crush are aptly descriptive.

Appellee, in its petition for registration, states that its…