Barron-Gray Packing Co. v. Kings-Land

CLARK, Circuit Judge.

This is a proceeding under R. S. Section 4915.1

It is agreed by both parties in the case that the sole question presented by this appeal is whether the successful opposer in a Patent Office trade-mark opposition proceeding is an indispensable party to a subsequent § 4915 action brought in the District Court against the Commissioner of Patents alone after the Commissioner had denied registration of the applicant’s mark on the ground of confusing similarity to the opposer’s registered trade-mark.

• The trial court dismissed the proceeding on the ground that the successful…