Legal Opinion · Dissent
Eureka Williams Corp. v. Kres-Kno Oil Burner Mfg. Co., Inc
Court of Customs and Patent Appeals
Decided April 10, 1953No. Patent Appeals 5916Published
1DissentO’Connell, Judge
The application to register “Pow-R-Matic” for appellee’s use in the sale of automatically operated oil burners was filed and pending in the Patent Office prior to July 5, 1947. The opposition proceedings were contested there subsequent to that date and determined May 8, 1951, 89 USPQ 334. The appeal taken here was from that decision and the conclusion of the majority is clearly erroneous either under the standards of conduct prescribed by the Act of 1905 or the Lanham Act of 1946. 15 U.S.C.A. § 1052 et seq. Steele v. Bulova Watch Co., 344 U.S. 280, 287, 73 S.Ct. 252, Eureka Williams Corp. v.…
2Cases cited13 opinions
- Steele v. Bulova Watch Co.Supreme Court of the United States · 1952
- Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Miles Shoes, Inc. v. R. H. MacY & Co., IncCourt of Appeals for the Second Circuit · 1952
- Safeway Stores, Inc. v. DunnellCourt of Appeals for the Ninth Circuit · 1949
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