SHERWIN-WILLIAMS CO. v. STOCKTON PAINT CO.

No. 2064.

26 F.2d 1014 (1928)

SHERWIN-WILLIAMS CO. v. STOCKTON PAINT CO.

Court of Appeals of District of Columbia.

Decided June 4, 1928.


Attorney(s) appearing for the Case

T. H. Fay, of Cleveland, Ohio, for appellant.

Charles E. Riordon and C. Russell Riordon, both of Washington, D. C., for appellee.

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


ROBB, Associate Justice.

This is an appeal from a Patent Office decision dismissing appellant's opposition to the registration by appellee, as a trade-mark for paints, of colored horizontal bands, with the words "OLD MISSION" prominently shown in the upper band, and an equally prominent pictorial representation of an old mission in approximately the center of the mark.

Appellant's mark comprises a plurality of varicolored horizontal bands, and a pictorial...

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