Legal Opinion

Mayer Fertilizer & Junk Co. v. Virginia-Carolina Chemical Co.

District of Columbia Court of Appeals

Decided June 1, 1910No. 621PublishedCited by 9 opinions

Hearing on an appeal from a decision of the Commissioner of Patents in a trademark interference proceeding. The facts are stated in the opinion.

1Opinion of the CourtJustice Van Orsdel

This is an appeal from the decision of the Commissioner of Patents in an interference proceeding involving the use of a design representing an anchor as a trademark for fertilizers. The Examiner of' Interferences refused registration to both parties, which decision was reversed in part and affirmed in part by the Commissioner, who awarded the right to registration to appellee, Virginia-Carolina Chemical Company, and denied it to appellant, Mayer Fertilizer & Junk Company. Appellant’s application was filed on May 8, 1905, and appellee’s on March 6, 1906.

Appellee claims to have derived title to…

2Cases cited3 opinions

  1. Metropolitan Bank v. St. Louis Dispatch Co.Supreme Court of the United States · 1893
  2. Macmahan Pharmacal Co. v. Denver Chemical Mfg. Co.Court of Appeals for the Eighth Circuit · 1901
  3. O'Rourke v. Central City Soap Co.U.S. Circuit Court for the District of Eastern Michigan · 1885

3Cited by9 opinions

  1. E. I. Du Pont De Nemours & Co. v. Celanese Corp. of AmericaCourt of Customs and Patent Appeals · 1948
  2. Lawyers Title Ins. Co. v. Lawyers Title Ins. CorporationCourt of Appeals for the D.C. Circuit · 1939
  3. T & T Manufacturing Co. v. A. T. Cross Co.District Court, D. Rhode Island · 1978
  4. Ludden v. Metro WeeklyDistrict Court, District of Columbia · 1998
  5. La Fayette Brewery, Inc. v. Rock Island Brewing Co.Court of Customs and Patent Appeals · 1937

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