DUROX COMPANY v. DURON PAINT MANUFACTURING COMPANY

No. 8875.

320 F.2d 882 (1963)

The DUROX COMPANY, Appellee, v. DURON PAINT MANUFACTURING COMPANY, Inc., Appellant.

United States Court of Appeals Fourth Circuit.

Decided June 29, 1963.


Attorney(s) appearing for the Case

Francis C. Browne, Washington, D. C. (William E. Schuyler, Jr., Andrew B. Beveridge, Joseph A. DeGrandi, and Browne, Schuyler & Beveridge, Washington, D. C., on the brief), for appellant.

Bruce B. Krost, Cleveland, Ohio (Robert R. Bair, Baltimore, Md., Woodling, Krost, Granger & Rust, Cleveland, Ohio, and Venable, Baetjer & Howard, Baltimore, Md., on the brief), for appellee.

Before HAYNSWORTH and J. SPENCER BELL, Circuit Judges, and PREYER, District Judge.


PREYER, District Judge.

Plaintiff's complaint under 15 U.S.C.A. § 1071 and 35 U.S.C.A. § 146 asked the district court to reverse a decision of the Patent Office Trademark Trial and Appeal Board and to direct the Commissioner of Patents to issue to plaintiff its requested registration of DUROX for "a liquid primer sealer surface coating which may also be used as an additive for paints, enamels and lacquers." The district court found for Durox on its complaint...

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