MARZALL v. COOK

No. 11001.

196 F.2d 241 (1952)

John A. MARZALL, Commissioner of Patents, Appellant, v. Margaret J. COOK, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 24, 1952.


Attorney(s) appearing for the Case

A. Yates Dowell, Washington, D. C., for appellee. Vincent M. Creedon, Washington, D. C., also entered an appearance for appellee.

Before PRETTYMAN, FAHY and WASHINGTON, Circuit Judges.


PER CURIAM.

This is a case in which the District Court, in a suit under R.S. 4915, 35 U.S. C.A. § 63, granted registration of a trademark to plaintiff-appellee, after denial by the Patent Office. We find no reversible error.

Affirmed.

FAHY, Circuit Judge, dissenting, thinks the registration was properly denied by the Patent Office. His view is that while the marks in general appearance are dissimilar, the use by the plaintiff below of "JOCO'S...

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