WEIL-McLAIN CO. v. AMERICAN RADIATOR CO.

Patent Appeal No. 2909.

57 F.2d 353 (1932)

WEIL-McLAIN CO. v. AMERICAN RADIATOR CO.

Court of Customs and Patent Appeals.

April 11, 1932.


Attorney(s) appearing for the Case

Low & Low, of Washington, D. C. (Joseph Harris, of Chicago, Ill., of counsel), for appellant.

Conrad A. Dieterich, of New York City, for appellee.

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


BLAND, Associate Judge.

The issue to be decided in this case arises in a trade-mark opposition proceeding instituted in the United States Patent Office, wherein the appellant opposed appellee in its application for registration of its alleged trade-mark used upon square, sectional, house-heating boilers, which mark is described in applicant's application as follows: "The trade-mark consists in a band of red color interposed between contrastingly colored ends of a...

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