Franklin Knitting Mills v. Kassman Kessner

Full title: FRANKLIN KNITTING MILLS, Inc., v. KASSMAN KESSNER, Inc

Court: Court of Appeals of the District of Columbia

Date published: Jun 1, 1926

13 F.2d 319 (D.C. Cir. 1926)

Opinion

No. 1857.

Submitted May 11, 1926.

Decided June 1, 1926.

Appeal from Decision of Commissioner of Patents.

Proceeding by Kassman Kessner, Inc., for registration of trade-mark, opposed by the Franklin Knitting Mills, Inc. From a decision dismissing the opposition, opposer appeals. Affirmed.

E.M. Evarts, of New York City, for appellant.

Andrew Foulds, Jr., of New York City, for appellee.

Before MARTIN, Chief Justice, ROBB, Associate Justice, and BAILEY, Justice of the Supreme Court of the District of Columbia.

ROBB, Associate Justice.

This case differs from the case just decided, Patent Appeal No. 1856, 13 F.2d 319, ___ App. D.C. ___, in that appellee's mark is "Fashion Club," which the Patent Office has ruled is registerable.

For the reasons stated in the preceding opinion, we agree with the Patent Office that "Fashion Club" is not deceptively similar to appellant's mark "Fashionknit," and accordingly affirm the decision.

Affirmed.