Meredith Pub. Co. v. O. M. Scott & Sons Co.

GRAHAM, Presiding Judge.

The appellee, O. M. Scott & Sons Company, filed an application in the United States Patent Office for the registration of the trade-mark, “Better Homes,” used in connection with the sale of lawn grass seeds. The appellant, Meredith Publishing Company, filed notice of opposition, alleging as grounds therefor that it was the publisher of a monthly magazine, “Better Homes and Gardens,” and had been since long prior to the use of said mark by the applicant. The ordinary statements were made in the notice of opposition as to confusion and the like. The opposer took…