Legal Opinion
Marcalus Manufacturing Co. v. Watson
District Court, District of Columbia
Decided November 1, 1957No. Civ. A. 5513-55PublishedCited by 23 opinions
1Opinion of the Court
HOLTZOFF, District Judge.
This is an action against the Commissioner of Patents to review his denial of an application made by the plaintiff for the registration of a trademark. The trademark in question consists of an oval of a maroon color. Nothing is written or printed on the trademark, and no other figure or matter is superimposed on it. The question is whether a maroon oval and nothing else, may be registered as a trademark in behalf of the plaintiff.
Plaintiff is the manufacturer and distributor of various paper products such as paper napkins, paper handkerchiefs, and other similar…
2Cases cited5 opinions
- Campbell Soup Co. v. Armour & Co.Court of Appeals for the Third Circuit · 1949
- United States v. 88 Cases, More or Less, Containing Bireley's Orange BeverageCourt of Appeals for the Third Circuit · 1951
- Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
- Application of Hillerich & Bradsby CoCourt of Customs and Patent Appeals · 1953
- Hygienic Products Co. v. CoeCourt of Appeals for the D.C. Circuit · 1936
3Cited by23 opinions
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
- Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
- Miles Laboratories, Inc. v. FrolichDistrict Court, S.D. California · 1961
- Wembley, Inc. v. Diplomat Tie CompanyDistrict Court, D. Maryland · 1963
- Application of Schenectady Varnish Company, IncCourt of Customs and Patent Appeals · 1960
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