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F. HOFFMAN & SONS v. H. B. HUNTER CO.

No. 2016.

24 F.2d 899 (1928)

F. HOFFMAN & SONS, Inc., v. H. B. HUNTER CO., Inc.

Court of Appeals of District of Columbia.

Decided March 5, 1928.

Attorney(s) appearing for the Case

D. U. Rich and C. R. Allen, both of Washington, D. C., for appellant.

W. L. Symons, of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, VAN ORSDEL, Associate Justice, and SMITH, Judge of the United States Court of Customs Appeals.

VAN ORSDEL, Associate Justice.

This is a trade-mark cancellation proceeding, brought by appellant company, to secure the cancellation of the registration of the word "" as a trade-mark for nonalcoholic, maltless, carbonated beverages, sold as soft drinks. The petitioner claims that it is damaged by use of the mark through confusion with its registered trade-mark "Choco-Sip."

Priority is conceded petitioner in the use of its mark. It is not denied that...

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