BOYDELL BROS. WHITE LEAD & COLOR CO. v. UNITED STATES GUTTA PERCHA PAINT CO.

No. 1988.

22 F.2d 1006 (1927)

BOYDELL BROS. WHITE LEAD & COLOR CO. v. UNITED STATES GUTTA PERCHA PAINT CO.

Court of Appeals of District of Columbia.

Decided December 15, 1927.


Attorney(s) appearing for the Case

W. F. Murray, of Cincinnati, for appellant.

C. S. Grindle, of Washington, D. C., for appellee.

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


VAN ORSDEL, Associate Justice.

The appellant Paint Company sought registration in the Patent Office of the words "Canned Light" as a trade-mark for mixed paints and paint enamel. The opposer, appellee company, bases its opposition to the registration of the mark on its registered mark "Barreled Sunlight," used upon the same class of goods. The prior use by appellee company is established by the evidence.

Appellee's mark is used in connection with the representation...

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