International Food Co. v. Price Baking Powder Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decision of the Commissioner of Patents, dismissing an opposition to the registration of a: trademark. the facts are stated in the opinion.
1Opinion of the CourtJustice Van Orsdel
This is an opposition by the appellant company, the International Food Company, to the registration of the word “Cream” as a trademark for baking powder by the appelleecompany, the Price Baking Powder Company. It was beld to be entitled to registration by botb the tribunals of the Patent-: Office. From the decision of the Commissioner, dismissing-the opposition, this appeal was taken.
It appears tbat appellee bas used the mark since 1866 in connection with “Dr. Price’s” or “Price’s Baking Powder.”' It is conceded tbat appellee was the prior user. Hence, the sole question bere presented is…
2Cases cited2 opinions
- Price Baking-Powder Co. v. FyfeU.S. Circuit Court for the District of Minnesota · 1891
- Albers Bros. Milling Co. v. Acme Mills Co.U.S. Circuit Court for the District of Oregon · 1909