Legal Opinion · Dissent

The Gillette Company v. "42" Products Ltd., Inc., D.B.A. Executive Toiletries, Ltd.

Court of Appeals for the Ninth Circuit

Decided February 11, 1971No. 25223Published

1DissentJames M. Carter, Circuit Judge

“42” filed an application to register the trademark Executive. Gillette filed an opposition. The trial board found “42” was entitled to date of first use in 1945 as a successor in business to Lander. On appeal to the C.C.P.A., Gillette Company v. “42” Products, Ltd. (C.C.P.A. 1968), 396 F.2d 1001, 55 C.C.P.A. 1347 reversed the decision of the board and held that “42” was entitled to a “date of first use no earlier than 1957” because the nunc pro tunc assignment by Lander was not intended to be an assignment of rights by the parties thereto and therefore “appellee (“42”) is not entitled to…

2Cases cited5 opinions

  1. Hugh S. Knowles v. George C. TibbettsCourt of Customs and Patent Appeals · 1965
  2. Chase v. CoeCourt of Appeals for the D.C. Circuit · 1941
  3. Tibbetts Industries, Inc. And George C. Tibbetts v. Knowles Electronics, Inc. And Hugh S. KnowlesCourt of Appeals for the Seventh Circuit · 1968
  4. Westgate-Sun Harbor Co. v. Watson, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1953
  5. The Gillette Company v. "42" Products Ltd., Inc.Court of Customs and Patent Appeals · 1968

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