U.S. Court of Appeals for the D.C. Circuit, 1926

Ostermoor & Co. v. John A. Schwarz, Inc.

U.S. Court of Appeals for the D.C. Circuit · Decided May 3, 1926

12 F.2d 847; 56 App. D.C. 312; 1926 U.S. App. LEXIS 3394 (Federal Reporter, Second Series)

Counsel

C. C. Cousins, of New York City, and H. P. Riley, of Washington, D. C., for appellant., C. E. Riordon, of Washington, D. C., and Morris Kirschstein, of New York City, for appellee.

Opinion of the Court

PER CURIAM.

Appeal from concurrent decisions of the tribunals of the Patent Office in a trade-mark opposition proceeding, dismissing the opposition.

We agree with the Patent Office that the picture of a mattress, involved in the marks upon which the opposition is based and in applicant’s mark, is publici juris, and therefore may be incorporated in applicant’s composite mark. See Ostermoor & Co. v. Rose Spring & Mattress Co., 55 App. D. C. 307, 5 F.(2d) 268.

The decision is affirmed.

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