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LEVER BROS. CO. v. SITROUX CO.

Patent Appeal No. 4194.

109 F.2d 445 (1940)

LEVER BROS. CO. v. SITROUX CO., Inc.

Court of Customs and Patent Appeals.

February 5, 1940.

Attorney(s) appearing for the Case

Spencer A. Studwell and Harry A. English, both of New York City, for appellant.

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

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

BLAND, Associate Judge.

Appellant has appealed here from a decision of the Commissioner of Patents, affirming that the Examiner of Interferences, dismissing an opposition brought by appellant against the registration by appellee of the word "Sit-Ru-Lux" as a trade-mark for "Toilet Tissues" (toilet paper). The opposition is based upon the prior use and registration of the term "Lux" as a trade-mark for toilet soap, such prior use and registration being clearly shown...

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