BORG-WARNER CORP. v. EASY WASHING MACH. CORP.

Patent Appeal No. 4139.

104 F.2d 65 (1939)

BORG-WARNER CORPORATION v. EASY WASHING MACH. CORPORATION.

Court of Customs and Patent Appeals.

May 29, 1939.


Attorney(s) appearing for the Case

L. D. Burch, of Detroit, Mich. (Charles M. Thomas, of Washington, D. C., of counsel), for appellant.

Theodore E. Simonton, of New York City, for appellee.

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


LENROOT, Associate Judge.

This is a trade-mark cancellation proceeding wherein the Commissioner of Patents affirmed a decision of the Examiner of Interferences dismissing appellant's petition for cancellation of appellee's mark "Spiralator," registered on January 30, 1934, for use upon washing machines.

Appellant in its petition alleged the registration on September 9, 1930, of the mark "Rollator," applied to electric refrigerators and parts thereof, and alleged...

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