Blek Co. v. Mishawaka Rubber & Woolen Mfg. Co.

U.S. Court of Appeals for the D.C. Circuit
Blek Co. v. Mishawaka Rubber & Woolen Mfg. Co., 18 F.2d 191 (D.C. Cir. 1927)
57 App. D.C. 149; 1927 U.S. App. LEXIS 1921
Martin, Orsdel, Robb

Blek Co. v. Mishawaka Rubber & Woolen Mfg. Co.

Opinion of the Court

ROBB, Associate Justice.

Appeal from concurrent decisions of the tribunals of the Patent Office, in a trade-mark interference proceeding, refusing registration to the appellant.

Long prior to the adoption by appellant of the mark consisting of the words “Red Dot,” with a circular spot between, for use on men’s, boy’s, children’s, and women’s garters, appellee had widely used a similar mark on rubber boots, overshoes, woolen boots, and socks. The Patent Office found, and we concur in the finding, that the use of deceptively similar marks on socks and garters would be likely to cause confusion in trade and mislead purchasers. Wolf & Sons v. Lord & Taylor, 41 App. D. C. 514.

The decision is affirmed.

Affirmed.

Reference

Full Case Name
BLEK CO., Manufacturers v. MISHAWAKA RUBBER & WOOLEN MFG. CO.
Cited By
5 cases
Status
Published