La Fayette Brewery, Inc. v. Rock Island Brewing Co.

GARRETT, Associate Judge.

This is a trade-mark interference proceeding in which the Commissioner of Patents affirmed the decision of the Examiner of Trade-Mark Interferences (although not concurring in all the latter’s conclusions) which, in effect, awarding priority to appellee, held it entitled to the registration sought. By appeal, we are called upon to review the decision of the Commissioner.

The marks are, respectively, “Old Tavern” and “Ye Tavern,” for application upon beer or malt beverages of legal alcoholic content. They are conceded to be so similar as to confuse if used, as is…