Sherwin-Williams Co. v. Stockton Paint Co.
This text of 26 F.2d 1014 (Sherwin-Williams Co. v. Stockton Paint 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.
Opinion
This is an ap- , peal from a Patent Office decision dismissing appellant’s opposition to the registration by appellee, as a trade-mark for paints, of colored horizontal bands, with the words “OLD MISSION” prominently shown in the upper band, and an equally prominent pictorial representation of an old mission in approximately the center of the mark.
Appellant’s mark comprises a plurality of varicolored horizontal bands, and a pictorial representation of a globe, and a paint container from which paint is being poured upon the globe, the paint container bearing the initials “SWP” (Sherwin-Williams Paint), and on the globe are the words “Cover the Earth.”
We agree with the Patent Office that the dominant characteristics of appellant’s mark are the representation of the globe and its accessories, while the dominant characteristics of appellee’s mark are the words “OLD MISSION” and the pictorial representation of an old mission, and hence that there is no> likelihood of confusion in the concurrent use of the two marks.
The decision is affirmed.
Affirmed.
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Cite This Page — Counsel Stack
26 F.2d 1014, 58 App. D.C. 236, 1928 U.S. App. LEXIS 3834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherwin-williams-co-v-stockton-paint-co-cadc-1928.