U.S. Court of Appeals for the D.C. Circuit, 1952

John A. Marzall, Commissioner of Patents v. Margaret J. Cook

U.S. Court of Appeals for the D.C. Circuit · Decided April 24, 1952 · Prettyman, Fahy, Washington

196 F.2d 241; 90 U.S. App. D.C. 93; 93 U.S.P.Q. (BNA) 149; 1952 U.S. App. LEXIS 4232 (Federal Reporter, Second Series)

Counsel

H. S. Miller, United States Patent Office, Washington, D. C., with whom E. L. Reynolds, Solicitor, United States Patent Office, Washington, D. C., was on the brief, for appellant., A. Yates Dowell, Washington, D. C., for appellee. Vincent M. Creedon, Washington, D. C., also entered an appearance for appellee.

Cases that cite this one

1 later published case cites this decision.

Cook v. Watson, Commissioner of Patents (D.C. Cir. 1953)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is a case in which the District Court, in a suit under R.S. 4915, 35 U.S.C.A. § 63, granted registration of a trademark to plaintiff-appellee, after denial by the Patent Office. We find no reversible error.

Affirmed.

FAHY, Circuit Judge, dissenting, thinks the registration was properly denied by the Patent Office. His view is that while the marks in general appearance are dissimilar, the use by the plaintiff below of “JOCO’S” as a part of its mark brings it so similar in sound to “JACCO”, part of a mark in prior use, as to be likely to cause confusion or mistake among purchasers within the meaning of 60 Stat. 428 (1946), 15 U.S.C.A. § 1052(d).

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