Legal Opinion
In re Dolly Varden Chocolate Co.
Court of Appeals for the D.C. Circuit
Decided December 1, 1924No. 1651PublishedCited by 1 opinion
1Opinion of the Court
VAN ORSDEL, Associate Justice.
This appeal is from the decision of the Commissioner of Patents denying registration of the words “When Words Fail—Send” as a trade-mark for candy. The label accompanying the application hears the inscription, “When Words Fail Send Dolly Varden Chocolates.”
Registration was refused, on the ground that the words do not constitute a technical trade-mark, since such a mark does not indieate origin or ownership of the article to which it is attached. Nor can it be appropriated by one person to the exclusion of another. In Elgin National Watch Co. v. Illinois Watch…
2Cases cited3 opinions
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Smith v. KrauseU.S. Circuit Court for the District of Southern New York · 1908
- Ault & Wiborg Co. v. CheshireU.S. Circuit Court for the Southern District of Iowa · 1909
3Cited by1 opinion
- Stuhr v. United States Army Corps of Engineers Charleston DistrictDistrict Court, D. South Carolina · 2023