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THREE IN ONE OIL CO. v. BOSTON BRASS CO.

No. 1986.

23 F.2d 895 (1927)

THREE IN ONE OIL CO. v. BOSTON BRASS 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. Steuart, of New York City, for appellant.

G. P. Dike, of Boston, Mass., and A. V. Cushman, of Washington, D. C., for appellee.

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

VAN ORSDEL, Associate Justice.

Appellant, Three in One Oil Company, opposed the registration of the trade-mark "3 in 1" by appellee, Boston Brass Company, which alleges use of the trade-mark on boiler relief valves, while appellant has for many years been manufacturing and selling oil under its registered trade-mark "3 in 1."

It is clear that no confusion can arise from the use of the marks on the respective goods to which the mark is applied. It is insisted...

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