U.S. Court of Appeals for the D.C. Circuit, 1927

Naamlooze Vennootschap Lakverf & Vernisfabriek "Ivormica" v. Sherwin-Williams Co.

U.S. Court of Appeals for the D.C. Circuit · Decided March 7, 1927 · Customs, Graham, Martin, Robb

18 F.2d 192; 1927 U.S. App. LEXIS 1922; 57 App. D.C. 150 (Federal Reporter, Second Series)

Counsel

Application by the -Naamlooze Vennootscbap Lakverf & Vernisfabriek “Ivormiea” for registration of trade-mark opposed by the Sherwin-Williams Company. Prom a decision of the Commissioner of Patents, sustaining opposition, applicant appeals. Affirmed., J. T. Newton, of Washington, D. C., for appellant., J. B. Pay and T. H. Pay, both of Cleve-. land, Ohio, for appellee.

Opinion of the Court

ROBB, Associate Justice.

Appeal from concurrent decisions of the Patent Office tribunals, in a trade-mark opposition proceeding, sustaining the opposition and denying registration to appellant.

Many years prior to the'adoption and use of its mark by the applicant, the opposer, the Sherwin-Williams Company, adopted a mark consisting of a terrestial globe and a representation of a tilted paint can discharging its contents over the upper half of the globe. The phrase “Cover the Earth” has been used by the opposer, in connection with its pictorial device. A very large business has been built up by the opposer, and the mark has great value.

Applicant’s mark is applied to goods of the same class. It also uses a representation of the globe, to which paint is being applied in a manner somewhat different from that employed in the Sherwin-Williams mark, but an ocular inspection of the two marks discloses that they are deceptively similar. The decision therefore is affirmed.

Affirmed.

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