Macaulay v. Malt-Diastase Co.

VAN ORSDEL, Associate Justice.

This appeal is from the decision of the Commissioner of Patents in a trade-mark interference, involving the right to register the word “Liberty” as a trade-mark for use on malt extract or malt compound, to be employed in the preparation of a beverage.

The Malt Company's testimony discloses that its first use of the mark was on a shipment of goods in interstate commerce March 29, 1919. The testimony of four witnesses, on behalf of appellant, Macaulay, establishes use of the mark in the early part of March, 1919. One witness testified to its use as early as…