Legal Opinion

National Biscuit Co. v. J. B. Carr Biscuit Co.

Court of Appeals for the D.C. Circuit

Decided December 1, 1924No. 1677PublishedCited by 5 opinions

1Opinion of the Court

MARTIN, Chief Justice.

On May 17, 1920, the J. B. Carr Biscuit Company, now the appellee, filed an application in the Patent Office for the registration of the word “Eta” as a trade-mark for its biscuits and crackers, claiming that it had continuously used the same in the sale of such commodities since July 1, 1911.

The National Biscuit Company, now the appellant, opposed the registration upon the contention that the word “Eta,” if used as a trade-mark for biscuits and crackers, would be so similar to the word “Uneeda,” which is the opposer’s prior trade-mark for similar goods, that it would…

2Cases cited5 opinions

  1. Gehl v. Hebe Co.Court of Appeals for the Seventh Circuit · 1921
  2. National Biscuit Co. v. BakerU.S. Circuit Court for the District of Southern New York · 1899
  3. William Waltke & Co. v. Geo. H. Schafer & Co.Court of Appeals for the D.C. Circuit · 1920
  4. Ramopa Co. v. A. Gastun & Co.District Court, S.D. New York · 1922
  5. Welsbach Light Co. v. AdamU.S. Circuit Court for the District of Western New York · 1901

3Cited by5 opinions

  1. LaTouraine Coffee Co. v. Lorraine Coffee Co.Court of Appeals for the Second Circuit · 1946
  2. Miller Brewing Co. v. Carling O'Keefe Breweries of Canada, Ltd.District Court, W.D. New York · 1978
  3. American Distilling Co. v. Bellows & Co.California Court of Appeal · 1951
  4. National Food Products Corp. v. Jell-O Co.Court of Appeals for the D.C. Circuit · 1927
  5. LaTouraine Coffee Co. v. Lorraine Coffee Co.Court of Appeals for the Second Circuit · 1946

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