Ernest Wilson v. Arthur J. Delaunay

JOHNSON, Chief Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents (107 U.S.P.Q. 148), acting for the Commissioner, affirming the decision of the Examiner of Interferences in a trademark opposition proceeding instituted by appellee Arthur J. Delaunay against an application by appellant Ernest Wilson for registration of the word “Zombie” as a trademark for candy. The opposition was based on alleged prior trademark use by appellee of the word “Zombies.” In his answer to the notice of opposition appellant included a counterclaim praying that appellee be refused a…