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FOUR ROSES PRODUCTS CO. v. SMALL GRAIN DISTILLING & DRUG CO.

No. 2081.

29 F.2d 959 (1928)

FOUR ROSES PRODUCTS CO. (FOUR ROSES MALT EXTRACT CO. Substituted) v. SMALL GRAIN DISTILLING & DRUG CO.

Court of Appeals of District of Columbia.

Decided December 3, 1928.

Petition for Rehearing Denied December 15, 1928.

Attorney(s) appearing for the Case

Chas R. Allen, of Washington, D. C., for appellant.

Ernest Wilkinson, of Washington, D. C., for appellee.

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

ROBB, Associate Justice.

Appeal from concurrent decisions of the Patent Office tribunals in a trade-mark opposition proceeding in which the mark "Four Roses" was refused registration to appellant on the ground of conflict with appellee's mark, which the Patent Office has found is used on goods of the same descriptive properties within the meaning of the Trade-Mark Act (15 USCA § 81 et seq.).

The Patent Office has found on convincing evidence that appellee...

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