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WALTER M. LOWNEY CO. v. CHANDLER & RUDD CO.

No. 1831.

12 F.2d 189 (1926)

WALTER M. LOWNEY CO. v. CHANDLER & RUDD CO.

Court of Appeals of District of Columbia.

Decided April 5, 1926.

Attorney(s) appearing for the Case

Henry Calver, of Washington, D. C., and G. O. G. Coale, of Boston, Mass., for appellant.

H. F. Freeman, of Cleveland, Ohio, for appellee.

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

VAN ORSDEL, Associate Justice.

This case is here for review on appeal from the decision of the Commissioner of Patents in a trade-mark opposition proceeding.

Appellant, Walter M. Lowney Company, applied for the registration of the words "Gold Stripe" as a trade-mark on assorted chocolates. The opposer, the Chandler & Rudd Company, is the owner of the registered trade-mark "Gold Ribbon," used on candy. Priority of adoption and use has been conclusively...

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