S. C. JOHNSON & SON, INC. v. GASTON JOHNSTON CORPORATION

Patent Appeal No. 6779.

305 F.2d 474 (1962)

S. C. JOHNSON & SON, INC., Appellant, v. GASTON JOHNSTON CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

July 25, 1962.


Attorney(s) appearing for the Case

Francis C. Browne, William E. Schuyler, Jr., Andrew B. Beveridge, Washington, D. C. (Mead, Browne, Schuyler & Beveridge, Washington, D. C., of counsel), and Roger D. Mulhollen, Racine, Wis., for appellant.

Richard W. Blum, New York City (Blum, Moscovitz, Friedman & Blum, New York City, of counsel), for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Associate Judges.


WORLEY, Chief Judge.

The Gaston Johnston Corporation seeks registration of the mark "JOHNSTON'S NO ROACH" under the provisions of Section 2(f) of the Lanham Act, 15 U.S.C.A. § 1052(f).1 S. C. Johnson & Son, Inc., opposes on prior registration of the mark "JOHNSON'S ANT KILLER" coupled with the facsimile signature "M. H. JOHNSON" and a pictorial representation of insects, for use on an insecticide,2

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