LEVER BROS. CO. v. BUTLER MFG. CO.

Patent Appeal No. 3768.

88 F.2d 842 (1937)

LEVER BROS. CO. v. BUTLER MFG. CO.

Court of Customs and Patent Appeals.

March 22, 1937.


Attorney(s) appearing for the Case

English & Studwell, of New York City, and Bryant & Lowry, of Washington, D. C. (Spencer A. Studwell, of New York City, and Theodore K. Bryant, of Washington, D. C., of counsel), for appellant.

Thomas E. Scofield, of Kansas City, Mo. (Henry L. Shenier, of Kansas City, Mo., of counsel), for appellee.

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


BLAND, Associate Judge.

This is an opposition proceeding instituted in the United States Patent Office in which the appellant filed notice of opposition, opposing the registration of the trademark "Lustr lux" for "Dry Cleaning Systems" which was applied for by appellee.

Appellee filed with its application a photograph representing "specimens" showing the trade-mark as actually used upon its goods. The photograph shows a rather elaborate machine upon which...

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