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OSTERMOOR & CO. v. JOHN A. SCHWARZ

No. 1802.

12 F.2d 847 (1926)

OSTERMOOR & CO., Inc., v. JOHN A. SCHWARZ, Inc.

Court of Appeals of District of Columbia.

Decided May 3, 1926.

Attorney(s) appearing for the Case

C. C. Cousins, of New York City, and H. F. Riley, of Washington, D. C., for appellant.

C. E. Riordon, of Washington, D. C., and Morris Kirschstein, of New York City, for appellee.

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

PER CURIAM.

Appeal from concurrent decisions of the tribunals of the Patent Office in a trade-mark opposition proceeding, dismissing the opposition.

We agree with the Patent Office that the picture of a mattress, involved in the marks upon which the opposition is based and in applicant's mark, is publici juris, and therefore may be incorporated in applicant's composite mark. See Ostermoor & Co. v. Rose Spring & Mattress Co., 55 App. D. C. 307,

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