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

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

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)

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

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.