Creme Lure Co. v. Schwartztrauber

MEMORANDUM AND ORDER

HANSON, District Judge.

This is a ruling on an action to set aside the decisions of the Trademark and Appeal Board in Interference No. 6,056 and Opposition No. 42,428 wherein registration of the trademark “Du-Dad” was denied to the plaintiff and granted to the defendants. This is also a ruling on the counterclaim.

The plaintiff makes the following legal contentions:

1. Plaintiff has adopted and used the marks “Du-Dad” and “Mad-Dad” in interstate commerce within the meaning of 15 U.S.C. § 45 as early as August 1961.

2. Prior to August 1961 Defendants have not, within the…