SCHIELD et al. v. JONES

SCHIELD et al. v. JONES. (Court of Appeals of District of Columbia. Submitted March 11, 1926. Decided April 5, 1926.) No. 1843. Trade-marks and trade-names and unfair competition @=>43. Trade-mark “Devilon” held not deceptively similar to mark “Red Devil,” as affecting right to registration for use on goods of same descriptive properties. Appeal from the Commissioner of Patents. Petition by William Sehield and others, doing business under the style and name of the Wm. Sehield Manufacturing Company, for cancellation of trade-mark registered by Charles L. Jones. From a decision of the Commissioner of Patents denying cancellation, petitioners appeal. Affirmed. J. D. Rippey and L. C. Kingsland, both of St. Louis, Mo., and C. M. Thomas, of Washington, D. C., for appellants. Before MARTIN, Chief Justice, and ROBB and°VAN ORSDEL, Associate Justices. [MAJORITY — PER CURIAM.] PER CURIAM. Appeal from concurrent decisions of the tribunals of the Patent Office refusing, on the petition of appellant, to cancel the mark “Devilon,” for use on an insecticide; the mark of appellant being “Red Devil,” used on powdered lyes. The Patent Office entertained doubt as to whether the marks were used on goods of the same descriptive properties, but, passing that question, we agree that the two marks are not deceptively similar. The 'decision is affirmed.