Carmel Wine Co. v. California Winery
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decision of the Commissioner of Patents sustaining a petition for the cancelation of a trademark registration. The facts are stated in the opinion.
1Opinion of the CourtJustice Robb
This is an appeal by the Carmel Wine Company from a decision of the Commissioner of Patents sustaining the petition of the California Winery, appellee here, for the cancelation of appellant’s trademark registration.
Two questions are presented in this appeal, — whether the marks are so similar “as to be likely to cause confusion or mistake in the mind of the public or to deceive purchasers” (33 Stat. at L. 724, chap. 592, U. S. Comp. Stat. Supp. 1909, p. 1275), and, if so, whether appellee is entitled to priority of adoption and use. Appellant’s mark is a label containing certain pictorial…
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