In re Inderrieden Canning Co.
Court of Appeals for the D.C. Circuit
Appeal from a Decision of the Commissioner of Patents. Application by the Inderrieden Canning Company for registration of a trade-mark. From a decision denying registration, the- applicant-appeals.
1Opinion of the Court
SMYTH, Chief Justice.
The application of Inderrieden Canning Company for registration of the words “Peter-Pan,” together with a representation of that character as a trade-mark for canned peas and canned corn, was rejected in view of the prior registration for Davis & Co., of the same mark for canned pineapple, and the Canning Company appeals. The ground of the rejection was that the goods to which these marks are applied are of the same descriptive properties.
[1] It is not éasy to define with exactness the phrase “same descriptive properties,” as used in the statute. 33 Stat. 725, § 5 (Comp.…
2Cases cited2 opinions
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- R. H. Macy & Co. v. New York Grocery Co.District Court, District of Columbia · 1920
3Cited by2 opinions
- Oppenheim, Oberndorf & Co. v. President Suspender Co.Court of Appeals for the D.C. Circuit · 1925
- Di Santo v. GuarneriCourt of Appeals for the D.C. Circuit · 1927