George H. Ruth Candy Co. v. Curtiss Candy Co.

This is an appeal from a decision of the Commissioner of Patents in a trade-mark opposition proceeding, reversing a decision of the examiner of trade-mark interferences, and holding that appellant is not entitled to the registration for which it has applied.

Appellant, on June 2, 1926, filed an application for registration of a mark comprising the words “ Ruth’s Home Run ” and the name “ George H. £ Babe ’ Ruth,” the latter being stated to constitute the signature of George H. Ruth, who is well known as a baseball player. In the application it is stated that no claim is made to the exclusive…