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THREE IN ONE OIL CO. v. LOBL MFG. CO.

No. 1984.

23 F.2d 893 (1927)

THREE IN ONE OIL CO. v. LOBL MFG. CO.

Court of Appeals of District of Columbia.

Decided December 5, 1927.

Petition for Rehearing Denied January 21, 1928.

Attorney(s) appearing for the Case

J. L. Stewart, of New York City, for appellant.

L. B. Kemon, of Washington, D. C., for appellee.

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

VAN ORSDEL, Associate Justice.

Appellee company applied for registration of a trade-mark "3 in 1," alleged to have been used by it on hot water bottles, ice bags, and fountain syringes. Appellant, the Three in One Oil Company, a corporation, opposes the registration of the mark on two grounds: First, that the opposer has, for about 30 years past, been engaged in the business of manufacturing and selling oil under the trade-mark "3 in 1"; and, second, on the ground...

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