FLORISTS TELEGRAPH DELIVERY ASS'N v. AMLING'S OF CALIFORNIA

Patent Appeal No. 5558.

174 F.2d 142 (1949)

FLORISTS TELEGRAPH DELIVERY ASS'N, Inc. v. AMLING'S OF CALIFORNIA, Inc.

United States Court of Customs and Patent Appeals.

April 12, 1949.


Attorney(s) appearing for the Case

Robert I. Dennison, of Washington, D. C., for appellant.

Jas. M. Naylor and Naylor & Lassagne, all of San Francisco, Cal. (James Atkins, of Washington, D. C., of counsel), for appellee.

Before GARRETT, Chief Judge, and HATFIELD, JACKSON, O'CONNELL, and JOHNSON, Judges.


JOHNSON, Judge.

This is an appeal from the decision of the Commissioner of Patents reversing the decision of the Examiner of Interferences in which the opposition of appellant had been sustained, and in which it was held that appellee was adjudged not entitled under section 5 of the Trade-Mark Act of February 20, 1905, 33 Stat. 725, as amended, to the registration of its composite mark consisting of a rhomboidal outline containing an outstretched bird wing, the latter...

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