Naamlooze Vennootschap Lakverf & Vernisfabriek "Ivormica" v. Sherwin-Williams Co.

D.C. Circuit

Naamlooze Vennootschap Lakverf & Vernisfabriek "Ivormica" v. Sherwin-Williams Co.

18 F.2d 192, 1927 U.S. App. LEXIS 1922, 57 App. D.C. 150

CourtCourt of Appeals for the D.C. Circuit

DecidedMarch 7, 1927

DocketNo.1871

StatusPublished

This text of 18 F.2d 192 (Naamlooze Vennootschap Lakverf & Vernisfabriek "Ivormica" v. Sherwin-Williams Co.) 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.

Bluebook

Naamlooze Vennootschap Lakverf & Vernisfabriek "Ivormica" v. Sherwin-Williams Co., 18 F.2d 192, 1927 U.S. App. LEXIS 1922, 57 App. D.C. 150 (D.C. Cir. 1927).

Pincite

Opinion

ROBB, Associate Justice.

Appeal from concurrent decisions of the Patent Office tribunals, in a trade-mark opposition proceeding, sustaining the opposition and denying registration to appellant.

Many years prior to the'adoption and use of its mark by the applicant, the opposer, the Sherwin-Williams Company, adopted a mark consisting of a terrestial globe and a representation of a tilted paint can discharging its contents over the upper half of the globe. The phrase “Cover the Earth” has been used by the opposer, in connection with its pictorial device. A very large business has been built up by the opposer, and the mark has great value.

Applicant’s mark is applied to goods of the same class. It also uses a representation of the globe, to which paint is being applied in a manner somewhat different from that employed in the Sherwin-Williams mark, but an ocular inspection of the two marks discloses that they are deceptively similar. The decision therefore is affirmed.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

ROBB, Associate Justice.

Appeal from concurrent decisions of the Patent Office tribunals, in a trade-mark opposition proceeding, sustaining the opposition and denying registration to appellant.

Many years prior to the'adoption and use of its mark by the applicant, the opposer, the Sherwin-Williams Company, adopted a mark consisting of a terrestial globe and a representation of a tilted paint can discharging its contents over the upper half of the globe. The phrase “Cover the Earth” has been used by the opposer, in connection with its pictorial device. A very large business has been built up by the opposer, and the mark has great value.

Applicant’s mark is applied to goods of the same class. It also uses a representation of the globe, to which paint is being applied in a manner somewhat different from that employed in the Sherwin-Williams mark, but an ocular inspection of the two marks discloses that they are deceptively similar. The decision therefore is affirmed.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

18 F.2d 192, 1927 U.S. App. LEXIS 1922, 57 App. D.C. 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naamlooze-vennootschap-lakverf-vernisfabriek-ivormica-v-cadc-1927.