William Waltke & Co. v. Geo. H. Schafer & Co.
Court of Appeals for the D.C. Circuit
Appeal from a Decision of an Assistant Commissioner of Patents. Application by George PI. Schafer & Co., for registration of a trademark, opposed by William Waltke & Co. From a decision granting registration, the opposing party appeals.
1Opinion of the Court
SMYTH, Chief Justice.
Geo. H. Schafer & Co., a partnership, applied for registration of “U-Lavo” as a trade-mark on shaving cream. Registration was opposed by William Waltke & Co., a corporation, on the ground that “U-Lavo” was so similar to the mark “Lava,” in use by it on toilet “soap, that it was not registerable. The Patent Office overruled the opposition and registered the mark.
William Waltke in 1858 established a soap-manufacturing business, which was continued by him and others until acquired by the opposer, who now owns it. In 1893 Wm. Waltke & Co., a partnership, the immediate…
2Cases cited3 opinions
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Application of Stephens-Adamson Mfg. Co.Court of Appeals for the D.C. Circuit · 1920
3Cited by33 opinions
- Rosenberg Bros. & Co. v. ElliottCourt of Appeals for the Third Circuit · 1925
- California Packing Corporation v. Tillman & BendelCourt of Customs and Patent Appeals · 1930
- Guggenheim v. Cantrell & Cochrane, Ltd.Court of Appeals for the D.C. Circuit · 1926
- Planters Nut & Chocolate Company v. Crown Nut Company, Inc.Court of Customs and Patent Appeals · 1962
- Baker v. Master Printers Union of New JerseyDistrict Court, D. New Jersey · 1940
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