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SOLVENTOL CHEMICAL PRODUCTS v. LANGFIELD

No. 9215.

134 F.2d 899 (1943)

SOLVENTOL CHEMICAL PRODUCTS, Inc., v. LANGFIELD.

Circuit Court of Appeals, Sixth Circuit.

April 6, 1943.

Attorney(s) appearing for the Case

John A. Blair, of Detroit, Mich. (John A. Blair and Harness, Dickey & Pierce, all of Detroit, Mich., on the brief), for appellant.

William T. Woodson, of Chicago, Ill. (Edward S. Rogers, William T. Woodson, and James H. Rogers, all of Chicago, Ill., Charles C. Andrews, of Detroit, Mich., and Hill, Hamblen, Essery & Lewis, of Detroit, Mich., on the brief), for appellee.

Before SIMONS, HAMILTON, and McALLISTER, Circuit Judges.

HAMILTON, Circuit Judge.

This suit commenced as an action under Sec. 4915, R.S., 35 U.S.C.A. § 63, seeking a judgment authorizing the Commissioner of Patents to register appellant's trade-mark "Solventol" while appellee's registered trade-mark "Solvite" was extant.

Appellee filed a counterclaim praying that appellant be enjoined from using the name Solventol on the ground that it was a colorable imitation and an infringement of appellee's registered trade...

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