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KASKO DISTILLERS PROD. CORP. v. RECORDS & GOLDSBOROUGH

Patent Appeal No. 4252.

109 F.2d 823 (1940)

KASKO DISTILLERS PRODUCTS CORPORATION v. RECORDS & GOLDSBOROUGH, Inc.

Court of Customs and Patent Appeals.

February 26, 1940.

Attorney(s) appearing for the Case

A. W. Murray, of Chicago, Ill., for appellant.

Herbert J. Jacobi, of Washington, D. C. (Howard J. Whelan, of Baltimore, Md., of counsel), for appellee.

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

JACKSON, Associate Judge.

Appellant applied for registration of the words "Maryland Rose" as a trade-mark for whisky, alleging use of the mark from October 1, 1934. Appellee opposed the application, relying on ownership of the trade-mark "Melrose" registered October 17, 1933, for the same goods, under the ten-year proviso of section 5 of the Act of February 20, 1905, as amended, 15 U.S.C.A. § 85. Neither party took testimony. The opposition was sustained by the...

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