Legal Opinion
In Re Dutch Maid Ice Cream Co.
Court of Customs and Patent Appeals
Decided March 28, 1938No. Patent Appeal 3935PublishedCited by 9 opinions
1Opinion of the Court
JACKSON, Associate Judge.
This is an appeal from a decision of the Commissioner of Patents affirming that of the Examiner refusing to register the trade-mark “Dutch Maid,” accompanied by a picture of a landscape including a Dutch girl, a windmill, and two cows, as applied to ice cream.
Both the Examiner and the Commissioner held that the mark sought to be registered is confusingly similar to a previously registered trade-mark, “Dutchland Made,” which is applied to ice cream.
Since the use of the two marks is on identical goods, the sole question before us is whether they are so similar as to be…
2Cases cited5 opinions
- Lever Bros. Co. v. Riodela Chemical Co.Court of Customs and Patent Appeals · 1930
- In Re Canada Dry Ginger Ale, Inc.Court of Customs and Patent Appeals · 1936
- Part, Inc. v. SormaniCourt of Customs and Patent Appeals · 1935
- J. P. Heilbronn Co. v. Hammermill Paper Co.Court of Customs and Patent Appeals · 1931
- Duro Pump & Mfg. Co. v. Thomas Maddock's Sons Co.Court of Customs and Patent Appeals · 1930
3Cited by9 opinions
- Celanese Corp. v. E. I. Du Pont De Nemours & Co.Court of Customs and Patent Appeals · 1946
- Salem Commodities, Incorporated v. The Miami Margarine CompanyCourt of Customs and Patent Appeals · 1957
- Volkswagenwerk Aktiengesellschaft v. ChurchDistrict Court, S.D. California · 1966
- Kensington Steel Co. v. Nichols Engineering & Research Corp.Court of Customs and Patent Appeals · 1951
- Kanmak Textiles, Inc. v. Carnac, Inc.Court of Customs and Patent Appeals · 1951
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