Legal Opinion

Aunt Jemima Mills Co. v. Blair Milling Co.

Court of Appeals for the D.C. Circuit

Decided February 7, 1921No. 1356PublishedCited by 9 opinions

Appeal from the Commissioner of Patents. Application by the Blair Milling Company for registration of a trade■mark, opposed by the Aunt Jemima Mills Company. From a decision of the Commissioner of Patents, dismissing the notice of opposition, the opposer appeals.

1Opinion of the Court

VAN ORSDEL, Associate Justice.

Appellant company, a Delaware corporation, with its place of business at St. Joseph, Mo., filed its opposition to the registration of a trade-mark by appellee company, a Kansas corporation, doing business at Atchison, Kan., 23 miles from St. Joseph.

Appellant’s device is the well-known'“Aunt Jemima” trade-mark for self-rising buckwheat flour. It consists of the words “Aunt Jemima’s,” having underneath the bust picture of a full-faced smiling negress, with a handkerchief wrapped about her head and shoulders. This mark has been used by appellant company and its…

Also in this document: Dissent.

2Cases cited2 opinions

  1. Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
  2. William Waltke & Co. v. Geo. H. Schafer & Co.Court of Appeals for the D.C. Circuit · 1920

3Cited by9 opinions

  1. B. F. Goodrich Co. v. HockmeyerCourt of Customs and Patent Appeals · 1930
  2. Planters Nut & Chocolate Company v. Crown Nut Company, Inc.Court of Customs and Patent Appeals · 1962
  3. Sun-Maid Raisin Growers v. MosesianCalifornia Court of Appeal · 1927
  4. Postum Cereal Co. v. Farmers' Mill & Elevator Ass'nCourt of Appeals for the D.C. Circuit · 1928
  5. United Electric Co. v. ReplogleCourt of Appeals for the D.C. Circuit · 1923

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