Younghusband v. Kurlash Co.

LENROOT, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents sustaining an opposition filed by appellee to prevent the registration, under the Trade-mark Act of February 20, 1905, of appellant’s mark “Starlash,” applied to eyelash and eyebrow mascara, for which registration he filed application on January 28, 1935.

Appellee on May 1, 1935, filed notice of opposition to the registration of appellant’s mark, and alleged therein: Prior use, ownership, and registration of the trademark “Kurlash,” applied to “eyelash curlers,” and the trade-mark “Kurlash Tweezette,” for…