General Aniline & Film Corporation v. Hukill Chemical Corporation

SMITH, Judge.

Appellant as opposer, a manufacturer of organic chemicals, secured the trademark Uvinul1 from the registrant, General Dyestuff Corporation, which mark was registered prior to the alleged adoption in May 1957 of the mark Huvilon2 by appellee-applicant. The mark Uvinul has been used by opposer for ultraviolet light absorbers, the sales volume being in excess of $100,000 per year as of August 1958.

Opposer’s record shows that since 1954 when it acquired the trademark Uvinul, it has used the mark on ultra-violet light-absorbing hydroxybenzophenones which are sold for incorporation in…