MALONE v. WEYER

No. 1859.

13 F.2d 320 (1926)

MALONE v. WEYER.

Court of Appeals of District of Columbia.

Decided June 1, 1926.


Attorney(s) appearing for the Case

J. D. Rippey and L. C. Kingsland, both of St. Louis, Mo., for appellant.

H. S. Neiman, of New York City, and Robert Watson, of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, ROBB, Associate Justice, and BAILEY, Justice of the Supreme Court of the District of Columbia.


ROBB, Associate Justice.

Appeal from a decision of the Patent Office dismissing appellant's opposition to the registration by appellee of the word "Pom-Po-Lay," together with a figure, within a border, as a trade-mark for chemical preparations for the treatment or smoothing out of hair; the ground of the opposition being a prior registration and use of the mark "Poro" on similar preparations.

The Examiner of Interferences ruled that the two marks are not deceptively...

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