National Mineral Co. v. Bourjois, Inc.
Court of Appeals for the Seventh Circuit
1Opinion of the CourtSparks, Circuit Judge
(after stating the facts as above).
Since the trade-marks in controversy were registered under the Trade-Mark Act of February 20, 1905 (15 USCA § 81 et seq.), appellee must be considered as the prima facie owner of them and entitled to be protected in its use of them, if such prima facie ownership is not overcome by other evidence. 33 Stat. 728, § 16 (15 USCA § 96); Thaddeus Davids Co. v. Davids, 233 U. S. 461, 34 S. Ct. 648, 58 L. Ed. 1046.
Appellant contends that the words “Peach Blow,” “Peaches,” and “Peach Bloom,” when used in the perfume and cosmetic business, are so descriptive of a color…
2Cases cited11 opinions
- Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
- Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
- Barton v. Rex-Oil Co.Court of Appeals for the Third Circuit · 1924
- Gehl v. Hebe Co.Court of Appeals for the Seventh Circuit · 1921
- Independent Baking Powder Co. v. BoormanDistrict Court, D. New Jersey · 1910
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3Cited by4 opinions
- Wilhartz v. Turco Products, Inc.Court of Appeals for the Seventh Circuit · 1947
- Uncas Manufacturing Co. v. Clark & Coombs Co.District Court, D. Rhode Island · 1962
- Lucien Lelong, Inc. v. Lander Co., Inc.District Court, S.D. New York · 1946
- Northern Laminate v. Electra PolymersDistrict Court, D. New Hampshire · 1996