B. HELLER & CO. v. SOUTHERN COTTON OIL CO.

No. 1725.

4 F.2d 955 (1925)

B. HELLER & CO. v. SOUTHERN COTTON OIL CO.

Court of Appeals of District of Columbia.

Decided April 6, 1925.


Attorney(s) appearing for the Case

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

Irving Miller, of New York City, for appellee.

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


ROBB, Associate Justice.

Appeal from concurrent decision of the tribunals of the Patent Office in a trade-mark opposition proceeding involving the right of appellant to register the word "Snowdrift" for use on a preparation described as "a substitute for the white of eggs in the making of meringue, marsh mallow, topping and icing for pastry, pies, and puddings."

Long prior to the adoption and use of this mark by appellant, appellee had adopted and used the...

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