Legal Opinion
Mont-O-Min Sales Corporation v. Wyeth Incorporated
District Court, W.D. Missouri
Decided July 14, 1950No. 5634PublishedCited by 5 opinions
1Opinion of the Court
RIDGE, District Judge.
This action, instituted by plaintiff under Section 35 U.S.C.A. § 63, seeks a declaration by the Court that plaintiff is entitled to registration of the trade-mark “Mont-O-Min”; pursuant to an application filed for that purpose in the Patent Office under Serial No. 496,392. In an opposition proceeding before the Patent Office, the Examiner of Interference found that the marks, “Mont-O-Min” and “Morramin” bear such near resemblance as to be likely to give rise to confusion in trade or deception to purchasers when applied concurrently to the products of the parties here. On…
2Cases cited9 opinions
- American Steel Foundries v. RobertsonSupreme Court of the United States · 1926
- Century Distilling Co. v. Continental Distilling Co.Court of Appeals for the Third Circuit · 1939
- Atlas Mfg. Co. v. Street & SmithCourt of Appeals for the Eighth Circuit · 1913
- Walgreen Drug Stores, Inc. v. Obear-Nester Glass Co.Court of Appeals for the Eighth Circuit · 1940
- General Talking Pictures Corp. v. American Triergon Corp.Court of Appeals for the Third Circuit · 1938
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3Cited by5 opinions
- In re Bose Corp.Court of Customs and Patent Appeals · 1976
- S. C. Johnson & Son, Inc. v. Phil J. Johnson and Hugh H. Johnson, D.B.A. Johnson Products Co.Court of Appeals for the Sixth Circuit · 1959
- Bunny Bear, Inc. v. Dennis Mitchell IndustriesDistrict Court, E.D. Pennsylvania · 1956
- Baxter Laboratories, Inc. v. Don Baxter, Inc.Court of Customs and Patent Appeals · 1951
- Baxter Laboratories, Inc. v. Don Baxter, Inc.Court of Customs and Patent Appeals · 1951