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EUREKA WILLIAMS CORP. v. McCORQUODALE

Patent Appeal No. 5917.

205 F.2d 155 (1953)

EUREKA WILLIAMS CORP. v. McCORQUODALE.

United States Court of Customs and Patent Appeals.

June 3, 1953.

Attorney(s) appearing for the Case

E. J. Balluff, Detroit, Mich. (Francis D. Thomas and Wm. Wallace Cochran, Washington, D. C., of counsel), for appellant.

Wilmer E. McCorquodale, Jr., Philadelphia, Pa., and Theodore E. Simonton, Cazenovia, N. Y., for appellee.

Before O'CONNELL, JOHNSON, WORLEY, COLE, and JACKSON, Judges.

COLE, Judge.

The appellee has sought to register "Hotomatic" as a trade mark in connection with the sale of automatic gas water heaters, establishing continuous use thereof since 1928. In opposition, the appellant has set forth his prior registrations, and antedating usage since 1920 of the mark, "Oil-O-Matic" as applied to liquid fuel burning devices and automatic electrically controlled and operated fuel heating systems...

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