Legal Opinion

Four Roses Products Co. v. Small Grain Distilling & Drug Co.

Court of Appeals for the D.C. Circuit

Decided December 3, 1928No. 2081PublishedCited by 7 opinions

1Opinion of the Court

ROBB, Associate Justice.

Appeal from concurrent decisions of the Patent Office tribunals in a trade-mark opposition proceeding in which the mark “Four Roses” was refused registration to appellant on the ground of conflict with appellee’s mark, which the Patent Office has found is used on goods of the same descriptive properties within the meaning of the Trade-Mark Aet (15 USCA § 81 et seq.).

The Patent Office has found on convincing evidence that appellee was the first to adopt the arbitrary trade-mark here involved. Since the adoption of the Eighteenth Amendment appellee has applied this mark…

2Cases cited7 opinions

  1. Worden v. California Fig Syrup Co.Supreme Court of the United States · 1903
  2. Straus v. Notaseme Hosiery Co.Supreme Court of the United States · 1916
  3. Holzapfel's Compositions Co. v. Rahtjen's American Composition Co.Supreme Court of the United States · 1901
  4. E-Z Waist Co. v. Reliance Mfg. Co.District Court, District of Columbia · 1923
  5. California Packing Corp. v. HalfertyDistrict Court, District of Columbia · 1924

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
  2. Arrow Distilleries, Inc. v. Globe Brewing Co.Court of Appeals for the Fourth Circuit · 1941
  3. Tomlinson of High Point v. CoeCourt of Appeals for the D.C. Circuit · 1941
  4. California Prune & Apricot Growers' Ass'n v. H. R. Nicholson Co.California Court of Appeal · 1945
  5. Century Distilling Co. v. Continental Distilling Corp.District Court, E.D. Pennsylvania · 1938

2 more not listed; retrieve them via the Exa API.

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