Alligator Co. v. Larus & Brother Co. Inc

The court in the prevailing opinion of this case (has enunciated the novel doctrine that compared with the Act of 1905, the Trade-Mark Act of 1946 provides a positive sanction for the complete, over-night appropriation of a long-established mark and well-known trade name previously used in the United States by another, and not abandoned, provided the appropriated mark or trade name under the Act of 1946 is applied by the applicant for registration to unrelated goods.

The case at bar thus reverses the field with respect to previous trade-mark decisions of this court, such as Radio Corp. of…