ANDREW J. McPARTLAND, INC. v. MONTGOMERY WARD & CO.

Patent Appeal No. 5304.

164 F.2d 603 (1947)

ANDREW J. McPARTLAND, Inc., v. MONTGOMERY WARD & CO., Inc.

Court of Customs and Patent Appeals.

November 29, 1947.


Attorney(s) appearing for the Case

Pennie, Edmonds, Morton & Barrows, of New York City (Clarence M. Fisher, of Washington, D. C., and George E. Middleton, of New York City, of counsel), for appellant.

Henry R. Marshall, of Chicago, Ill., for appellee.

W. W. Cochran, of Washington, D. C. (Walter J. Derenberg, of Washington, D. C., of counsel), for the Commissioner of Patents, amicus curiae.

Sylvester J. Liddy, of New York City, for Lawyers' Advisory Committee of United States Trade Mark Association, amicus curiae.

Charles R. Allen, of Washington, D. C., for American Patent Law Association, amicus curiae.

Philip T. Dalsimer and A. S. Greenberg, both of New York City, for Trade Mark Committee of New York Patent Law Association, amicus curiae.

Condor C. Henry, formerly Assistant Commissioner of Patents, amicus curiae.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON, and O'CONNELL, Associate Judges.


HATFIELD, Associate Judge.

This is an appeal in a trade-mark cancelation proceeding from the decision of the Commissioner of Patents, 67 U.S.P.Q. 240, affirming the decision of the Examiner of Interferences sustaining appellee's petition for the cancelation of appellant's registered trade-mark "Kwixtart" for use on electric storage batteries.

Appellant's mark, registration No. 326,257, was registered July 23, 1935, under the Trade-Mark Act of February 20,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases