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NATIONAL BISCUIT CO. v. J. B. CARR BISCUIT CO.

No. 1677.

3 F.2d 87 (1924)

NATIONAL BISCUIT CO. v. J. B. CARR BISCUIT CO.

Court of Appeals of District of Columbia.

Decided December 1, 1924.

Attorney(s) appearing for the Case

William L. Symons, of Washington, D. C., and F. P. Warfield, E. W. Leavenworth, and J. W. Anderson, all of New York City, for appellant.

E. T. Fenwick and C. R. Allen, both of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

MARTIN, Chief Justice.

On May 17, 1920, the J. B. Carr Biscuit Company, now the appellee, filed an application in the Patent Office for the registration of the word "Eta" as a trade-mark for its biscuits and crackers, claiming that it had continuously used the same in the sale of such commodities since July 1, 1911.

The National Biscuit Company, now the appellant, opposed the registration upon the contention that the word "Eta," if used as a trade-mark for...

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