U.S. Court of Appeals for the D.C. Circuit, 1920

In re Maclin-Zimmer-McGill Tobacco Co.

In re Maclin-Zimmer-McGill Tobacco Co.
U.S. Court of Appeals for the D.C. Circuit · Decided January 5, 1920 · Robb
262 F. 635; 49 App. D.C. 181; 1920 U.S. App. LEXIS 1579

Counsel

Henry M. Wise, of New York City, for appellant., T. A. Hostetler, of Washington, D. C., for appellee.

In re Maclin-Zimmer-McGill Tobacco Co.

Cases that cite this one

8 later published cases cite this decision.

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Opinion of the Court

ROBB, Associate Justice.

Appeal from a Patent Office decision refusing registration to the words “El Gallo,” as a trade-mark for tobacco.

“El Gallo” is the Spanish for “The Rooster,” and it appears that “Our Rooster” and a picture of a rooster have been registered as a trade-mark for tobacco by another concern. In Nestle & A. S. C. Milk Co. v. Walter Baker & Co., 37 App. D. C. 148, 152, we ruled that “Milkmaid” and a pictorial representation of a milkmaid meant the same to the public, and that the “right to employ one necessarily includes the right to employ both.” It matters not that appellant has employed the Spanish language, instead of English. In re Bradford Dyeing Ass’n, 46 App. D. C. 512.

The decision was right, and is affirmed.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.