NAAMLOOZE VENNOOTSCHAP LAKVERF & VERNISFABRIEK "IVORMICA" v. SHERWIN-WILLIAMS CO.

No. 1871.

18 F.2d 192 (1927)

NAAMLOOZE VENNOOTSCHAP LAKVERF & VERNISFABRIEK "IVORMICA" v. SHERWIN-WILLIAMS CO.

Court of Appeals of District of Columbia.

Decided March 7, 1927.


Attorney(s) appearing for the Case

J. T. Newton, of Washington, D. C., for appellant.

J. B. Fay and T. H. Fay, both of Cleveland, Ohio, for appellee.

Before MARTIN, Chief Justice, ROBB, Associate Justice, and GRAHAM, Presiding Judge of the United States Court of Customs Appeals.


ROBB, Associate Justice.

Appeal from concurrent decisions of the Patent Office tribunals, in a trade-mark opposition proceeding, sustaining the opposition and denying registration to appellant.

Many years prior to the adoption and use of its mark by the applicant, the opposer, the Sherwin-Williams Company, adopted a mark consisting of a terrestial globe and a representation of a tilted paint can discharging its contents over the upper half of the globe. The...

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