Solventol Chemical Products, Inc. v. Langfield

HAMILTON, Circuit Judge.

This suit commenced as an action under Sec. 4915, R.S., 35 U.S.C.A. § 63, seeking a judgment authorizing the Commissioner of Patents to register appellant’s trade-mark “Solventol” while appellee’s registered trade-mark “Solvite” was extant.

Appellee filed a counterclaim praying that appellant be enjoined from using 'the name Solventol on the ground that it was a colorable imitation and an infringement of appellee’s registered trade-mark, Solvite. The lower court dismissed appellant’s petition and sustained appellee’s counterclaim.

Two issues are presented: (1) Is there…