Patton Paint Co. v. Sunset Paint Co.

SMITH, Acting Associate Justice.

In 1897 the assignor and predecessor in interest of the Patton Paint Company registered as a trademark for its paints a serrated representation of the sun, hearing the words “Patton’s Sun-Proof Paints,” the essential parts of which mark were declared.to be the arbitrarily selected word “Sun-Proof” and a conventionalized picture of the sun. In 1915 the company registered in the Patent Office, as a trade-mark for its ready mixed paints and painters’ materials, a face in a serrated circle, from the upper and low-. er part of which comet-like rays or streamers…