Plough Chemical Co. v. Nieman

D.C. Circuit

Plough Chemical Co. v. Nieman

4 F.2d 1013, 55 App. D.C. 401, 1925 U.S. App. LEXIS 3164

CourtCourt of Appeals for the D.C. Circuit

DecidedApril 6, 1925

DocketPatent Appeal No. 1732

StatusPublished

This text of 4 F.2d 1013 (Plough Chemical Co. v. Nieman) 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

Plough Chemical Co. v. Nieman, 4 F.2d 1013, 55 App. D.C. 401, 1925 U.S. App. LEXIS 3164 (D.C. Cir. 1925).

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Opinion

ROBB, Associate Justice.

Appeal from concurrent decisions of the Patent Office tribunals in a trade-mark interference proceeding involving the mark “Black and White,” for use on almanacs and birthday and dream books. Appellant adopted this mark in 1919. The Patent Office has found, and in that finding we concur, that long prior to that date appellee’s predecessor adopted and used the same mark, and that in 1912 appellee succeeded to the business and good will of her predecessor. The question , is one purely of fact, and, as already intimated, a review of the evidence has convinced us of the correctness of the conclusion reached. The decision therefore is affirmed. Affirmed.

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ROBB, Associate Justice.

Appeal from concurrent decisions of the Patent Office tribunals in a trade-mark interference proceeding involving the mark “Black and White,” for use on almanacs and birthday and dream books. Appellant adopted this mark in 1919. The Patent Office has found, and in that finding we concur, that long prior to that date appellee’s predecessor adopted and used the same mark, and that in 1912 appellee succeeded to the business and good will of her predecessor. The question , is one purely of fact, and, as already intimated, a review of the evidence has convinced us of the correctness of the conclusion reached. The decision therefore is affirmed. Affirmed.

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4 F.2d 1013, 55 App. D.C. 401, 1925 U.S. App. LEXIS 3164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plough-chemical-co-v-nieman-cadc-1925.