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STANDARD OIL CO. v. EPLEY

Patent Appeals Nos. 2355, 2356.

40 F.2d 997 (1930)

STANDARD OIL CO. (NEW JERSEY) v. EPLEY (two cases).

Court of Customs and Patent Appeals.

May 28, 1930.

Attorney(s) appearing for the Case

Edward S. Rogers, of New York City, and Thomas L. Mead, Jr., of Washington, D. C. (Browne & Phelps, of Washington, D. C., of counsel), for appellant.

Charles L. Sturtevant, of Washington, D. C. (Sturtevant, Mason & Porter, of Washington, D. C., of counsel), for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

GARRETT, Associate Judge.

The above-numbered cases, without being formally consolidated, were briefed together and heard together. The issue is identical in both cases, and they may be disposed of in a single opinion.

The controversy grows out of the application by appellee for registration in the United States Patent Office of the coined word "EPCO" as a trade-mark for use on gasoline and oils. In one instance the drawing shows the word affixed upon the side...

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