DERBY OIL CO. v. WHITE STAR REFINING CO.

Patent Appeal No. 3055.

62 F.2d 984 (1933)

DERBY OIL CO. v. WHITE STAR REFINING CO.

Court of Customs and Patent Appeals.

January 23, 1933.


Attorney(s) appearing for the Case

Albert J. Fihe, of Chicago, Ill., for appellant.

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


GRAHAM, Presiding Judge.

The appellant, Derby Oil Company, filed its application in the United States Patent Office for registration of a trade-mark used in connection with the sale of gasoline, motor oils, and greases, on April 7, 1926, and, on October 26, 1926, the same was duly registered. In said application it was alleged that said mark had been used by appellant, continuously, since December 1, 1925. The mark consists of the "representation of a road sign having...

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