John A. Marzall, Commissioner of Patents v. Margaret J. Cook

D.C. Circuit

John A. Marzall, Commissioner of Patents v. Margaret J. Cook

196 F.2d 241, 90 U.S. App. D.C. 93, 93 U.S.P.Q. (BNA) 149, 1952 U.S. App. LEXIS 4232

CourtCourt of Appeals for the D.C. Circuit

DecidedApril 24, 1952

Docket11001

StatusPublished

Cited by1 cases

This text of 196 F.2d 241 (John A. Marzall, Commissioner of Patents v. Margaret J. Cook) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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John A. Marzall, Commissioner of Patents v. Margaret J. Cook, 196 F.2d 241, 90 U.S. App. D.C. 93, 93 U.S.P.Q. (BNA) 149, 1952 U.S. App. LEXIS 4232 (D.C. Cir. 1952).

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Opinion

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” as a part of its mark brings it so similar in sound to “JACCO”, part of a mark in prior use, as to be likely to cause confusion or mistake among purchasers within the meaning of 60 Stat. 428 (1946), 15 U.S.C.A. § 1052(d).

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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” as a part of its mark brings it so similar in sound to “JACCO”, part of a mark in prior use, as to be likely to cause confusion or mistake among purchasers within the meaning of 60 Stat. 428 (1946), 15 U.S.C.A. § 1052(d).

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196 F.2d 241, 90 U.S. App. D.C. 93, 93 U.S.P.Q. (BNA) 149, 1952 U.S. App. LEXIS 4232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-a-marzall-commissioner-of-patents-v-margaret-j-cook-cadc-1952.

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