BREAKSTONE BROS. v. GERBER & CO.

Patent Appeal No. 2997.

58 F.2d 419 (1932)

BREAKSTONE BROS., Inc., v. GERBER & CO., Inc.

Court of Customs and Patent Appeals.

May 23, 1932.


Attorney(s) appearing for the Case

O. Ellery Edwards, of New York City (James Atkins, of Washington, D. C., of counsel), for appellant.

W. Lee Helms, of New York City, for appellee.

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


LENROOT, Associate Judge.

This is a trade-mark opposition proceeding in which appellant appeals from a decision of the Commissioner of Patents, reversing a decision of the Examiner of Interferences which dismissed the notice of opposition and adjudged that appellant is entitled to the registration for which it has made application.

The examiner found that confusion in trade by the use of the respective marks of the parties would not be likely. The commissioner...

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