CARON CORPORATION
v.
HENRI MURAOUR & CIE.

D.C. Cir. | 1926-06-01
No. 1850
Before MARTIN, Chief Justice, ROBB, Associate Justice, and BAILEY, Justice of the Supreme Court of the District of Columbia.
13 F.2d 318 United States Court of Appeals for the District of Columbia (1926) Positive Treatment
Cited by 1 case
Opinion of the Court
ROBB, Associate Justice.

ROBB, Associate Justice.

Appeal from concurrent decisions of the tribunals of the Patent Office dismissing appellant’s opposition to the registration by appellee of the trade-mark “Narcisse Bleu,” for use on perfumery products; the basis of the application being a registration in France. ■

The opposer relied upon prior trade-mark use on the same class of goods of the mark “Le Narcisse Noir.” The Patent Office ruled that “Narcisse,” being the French word for narcissus, necessarily is descriptive as applied to perfumes.; We concur in this view. See Le Blume Import Co. v. Coty (C. C. A.) 293 F. 344. Opposer, by selecting such descriptive term, assumed the risk that others might also use it, provided their use was not deceptively similar to that of opposer. We agree with the Patent Office that, inasmuch as each party has the right to use “Narcisse,” “Narcisse Bleu” and “Narcisse Noir” are not deceptively similar. The' decision therefore is affirmed.

Affirmed.

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