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WATSON v. E. LEITZ, INC.

Nos. 14158, 14159.

254 F.2d 777 (1958)

Robert C. WATSON, Commissioner of Patents, Appellant, v. E. LEITZ, Inc., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 27, 1958.

Attorney(s) appearing for the Case

Mr. J. Schimmel, Washington, D. C., with whom Mr. Clarence W. Moore, Sol., U. S. Patent Office, was on the brief, for appellant.

Mr. John Vaughan Groner, New York City, with whom Messrs. Donald M. Dunn and Delavan Smith, New York City, and Richard P. Schulze, Washington, D. C., were on the brief, for appellee.

Before PRETTYMAN and BURGER, Circuit Judges, and MADDEN, Judge of the United States Court of Claims.

MADDEN, Judge.

The appellee in 1950 filed an application, pursuant to the provisions of the Act of July 5, 1946, 15 U.S.C.A. § 1051, for the registration of the trademark here in issue. After extended proceedings in the Patent Office, the Assistant Commissioner of Patents denied the application on the ground that the applicant, the appellee here, was not the owner of the trademark. The applicant then filed suit in the District Court under section 1071 of Title...

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