H. C. Cole & Co. v. William Lea & Sons Co.
District of Columbia Court of Appeals
Hearing on an appeal from a decision of the Commissioner of Patents in a trademark interference proceeding. The facts are stated in the opinion.
1Opinion of the CourtJustice Hobb
This is a trademark interference proceeding. Appellant’s mark, “P P P G,” ivas registered September 25th, 1883, No. f0,!5,99.: ,. The-,appellee registered its mark, “P P P,” March-23d,-. 1886, No. 13,128. . It now seeks registration under the act of 1905.
The' Examiner • of Interferences found that “the testimony establishes, in a fairly satisfactory manner, that the predecessor of each party was using its mark during at least a portion of the year 1855, and that such use has been continued to date . without loss by either party, or its predecessor, of the right of use, if such right ever…
2Cases cited2 opinions
- Applegate v. Lexington & Carter County Mining Co.Supreme Court of the United States · 1886
- Hamerschlag v. . DuryeaNew York Court of Appeals · 1902
3Cited by1 opinion
- American Throwing Company, Inc. v. Famous Bathrobe Company, Inc.Court of Customs and Patent Appeals · 1957