G. VIVIANO, INC. v. CRESTA BLANCA WINE CO.

Patent Appeals No. 5437.

167 F.2d 506 (1948)

G. VIVIANO, Inc., v. CRESTA BLANCA WINE CO., Inc.

Court of Customs and Patent Appeals.

April 6, 1948.


Attorney(s) appearing for the Case

A. Harry Crowell and Kimmel & Crowell, both of Washington, D. C., for appellant.

Mock & Blum, of New York City (Asher Blum, of New York City, and Charles R. Allen, of Washington, D. C., of counsel), for appellee.

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


JACKSON, Associate Judge.

This is an appeal in a trade-mark opposition proceeding from a decision of the Commissioner of Patents, 71 U.S.P.Q. 149, reversing that of the Examiner of Interferences, dismissing appellee's notice of opposition to the registration of appellant's composite trade-mark consisting of a shield on which appears the letters "G," "V," and "I" on red, blue, and gold background respectively. On either side of the shield are representations of grapes...

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