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WAGNER v. VITAMINT CO.

No. 1654.

2 F.2d 933 (1924)

WAGNER v. VITAMINT CO., Inc.

Court of Appeals of District of Columbia.

Decided December 1, 1924.

Attorney(s) appearing for the Case

H. V. Briesen and Louis Alexander, both of New York City, and Paul Finckel, of Washington, D. C., for appellant.

W. E. Dyre, of Washington, D. C., for appellee.

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

VAN ORSDEL, Associate Justice.

This appeal is from the decision of the Commissioner of Patents, affirming a pro confesso judgment entered by the Examiner of Interferences against appellant Wagner, who is seeking registration of a trade-mark for chewing gum containing vitamine. The mark consists of the word "Vitamint," displayed in an unusual and distinctive type upon the lower of two connected rectangular panels.

Appellee, Vitamint Company, filed a notice...

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