SCHIELD v. JONES

No. 1843.

12 F.2d 325 (1926)

SCHIELD et al. v. JONES.

Court of Appeals of District of Columbia.

Decided April 5, 1926.


Attorney(s) appearing for the Case

J. D. Rippey and L. C. Kingsland, both of St. Louis, Mo., and C. M. Thomas, of Washington, D. C., for appellants.

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


PER CURIAM.

Appeal from concurrent decisions of the tribunals of the Patent Office refusing, on the petition of appellant, to cancel the mark "Devilon," for use on an insecticide; the mark of appellant being "Red Devil," used on powdered lyes.

The Patent Office entertained doubt as to whether the marks were used on goods of the same descriptive properties, but, passing that question, we agree that the two marks are not deceptively similar.

The decision...

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