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

John A. MARZALL, Commissioner of Patents, Appellant, v. Margaret J. COOK, Appellee

Marzall v. Cook, 196 F.2d 241 (D.C. Cir. 1952)
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Court
Court of Appeals for the D.C. Circuit · U.S. Courts of Appeals
Decided
April 24, 1952
Docket
No. 11001
Judges
Prettyman, Fahy, Washington
Citations
196 F.2d 24190 U.S. App. D.C. 9393 U.S.P.Q. (BNA) 1491952 U.S. App. LEXIS 4232

Opinion — Per Curiam

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).

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1953: 119532026peak 1953 · 1

Relies on it most ⓘ

  1. Cook v. Watson, Commissioner of Patents208 F.2d 529 (D.C. Cir. 1953)

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  1. Cook v. Watson, Commissioner of Patents208 F.2d 529 (D.C. Cir. 1953)

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