Empire Crafts Corp. v. National Silver Co.

GODDARD, District Judge.

This is a suit in equity under Section 4915 of the Revised Statutes, 35 U.S.C.A. § 63, to reconsider actions of the Patent Office on rulings of law and on the evidence submitted to the Patent Office and also upon evidence produced upon this trial, and for an adjudication that the plaintiff is entitled to register its trade-mark “Royal Crest.”

Plaintiff is a New York corporation which in November 1941, began selling sterling silver knives, forks, and spoons marked “Royal Crest,” In 1942 it advertised these articles so marked in some of the leading women’s magazines and…