Legal Opinion
Gold Seal Co. v. Sawyer
District Court, District of Columbia
Decided July 3, 1952No. Civ. A. 1078-52PublishedCited by 4 opinions
1Opinion of the Court
BASTIAN, District Judge.
Plaintiff brings this action under Section 4915 of the Revised Statutes, 35 U.S. C.A. § 63, to require defendant, Secretary of Commerce, and defendant, Commissioner of Patents, to grant a certificate of registration for a trade-mark to plaintiff.
The defendants have filed a motion to dismiss on the ground that a necessary party to the suit, the opposer to the registration, Johnson Wax Company, has not been named. An interesting matter involving both procedure and substantive right is presented.
Prior to 1946 the 'Courts held that where, in a trade-mark opposition…
2Cases cited4 opinions
- Baxter Laboratories, Inc. v. Don Baxter, Inc.Court of Customs and Patent Appeals · 1951
- Gardel Industries v. Kingsland, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1949
- Barron-Gray Packing Co. v. Kings-LandCourt of Appeals for the D.C. Circuit · 1948
- Gold Seal Co. v. MarzallCourt of Appeals for the D.C. Circuit · 1951
3Cited by4 opinions
- Chris Laganas Shoe Company v. Robert C. Watson, Commissioner of Patents, Sinclair Weeks, Secretary of Commerce, and Brown Shoe Company, IncorporatedCourt of Appeals for the D.C. Circuit · 1955
- Hans C. Bick, Inc. v. Robert C. Watson, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1958
- Hans C. Bick, Inc. v. Robert C. Watson, Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1958
- Price v. George Melman & Co.District Court, D. Delaware · 1965