S. C. Johnson & Son, Inc. v. Gold Seal Company
S. C. JOHNSON & SON, Inc., Appellant, v. GOLD SEAL COMPANY Et Al., Appellees
Opinion
PER CURIAM.
Gold Seal Company sued in the United States District Court for the District of Columbia, seeking a decree authorizing the Commissioner of Patents to register as a trade-mark the words Glass Wax used by it as a name for a liquid cleaner of glass and metal. S. C. Johnson & Son, Inc., answered, seeking a declaratory judgment that the words Glass Wax do not constitute a lawful trade-mark, and counter-claiming for in-junctive relief, profits and damages on the ground that the mark constitutes a false representation and description of goods, thereby causing Johnson damage or the likelihood of damage. Gold Seal’s complaint was dismissed, as was Johnson’s counter-claim, and the latter appeals.
For the reasons given in District Judge Youngdahl’s opinion, Gold Seal Company v. Weeks, D.C.D.C.1955, 129 F. Supp. 928 , at pages 937-940, the dismissal of the counter-claim is Affirmed.
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(concurring opinion of Chief Judge Clark)
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