Auburn Rubber Corp. v. Hanover Rubber Co.

This is a trade-mark cancellation proceeding. On May 28, 1935 the United States Patent Office issued to appellant trade-mark 2 registration No. 324,692 for the mark “LIFE” applied to rubber heels. The statement in the registration issued contains the recital that “The trade-mark has been continuously used and applied to said goods in applicant’s business since August 12, 1924.”

On August 19,1936 appellee filed a petition for the cancellation of said mark and alleged that it had adopted and had used since on or about January,' 1922, the mark “NU-LIFE” for rubber heels, soles and half soles;…