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MACAULAY v. MALT-DIASTASE CO.

No. 1722.

4 F.2d 944 (1925)

MACAULAY v. MALT-DIASTASE CO.

Court of Appeals of District of Columbia.

Decided April 6, 1925.

Attorney(s) appearing for the Case

T. K. Bryant, of Washington, D. C., and O. F. Barthel, of Detroit, Mich., for appellant.

Hugo Mock, of New York City, 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 in a trade-mark interference, involving the right to register the word "Liberty" as a trade-mark for use on malt extract or malt compound, to be employed in the preparation of a beverage.

The Malt Company's testimony discloses that its first use of the mark was on a shipment of goods in interstate commerce March 29, 1919. The testimony of four witnesses, on behalf...

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