OAG 40-19.

• Case Date: July 20, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-19. 24OPINION NO. 40-19[20 Or. Op. Atty. Gen. 24]Use of the word "Oregold" as a trademark in the state of Oregon is not an infringement upon the use of the word "Darigold" as registered in the United States patent office.July 20, 1940.Dr. George W. Peavy,Oregon State Agricultural College. My dear Doctor Peavy: I have your letter of June 12th submitting correspondence from which it appears that on May 11, 1926, the Oregon State Agricultural College registered in the state of Oregon the word "Oregold" as a trademark for butter, cheese, ice cream, milk, cottage cheese and eggs; that said trademark has been confined to dairy and poultry products sold within the state of Oregon by the Oregon State Agricultural College; that the Consolidated Dairy Products Company of Seattle, Washington, claims that prior to the date of the registration of said trade-mark "Oregold" in the state of Oregon, it registered as its brand with the United States patent office the word "Darigold" and said company has raised the question as to whether or not the words "Darigold" and "Oregold" could be confused, and whether one registration would jeopardize the other, and has suggested that there is no way of knowing whether or not there is a conflict without a court decision. It does not appear that said company desires at this time to register its brand "Darigold" as a trade-mark under the Oregon statutes. You request my opinion concerning the right of the Oregon State Agricultural College to be protected in the use of its trade-mark "Oregold". 15 U. S. C. A., section 81, provides:

"The owner of a trade-mark used in commerce with foreign nations, or among the several States, or with Indian tribes, provided such owner shall be domiciled within the territory of the United States, or resides in or is located in any foreign country which,

25 by treaty, convention, or law, affords similar privileges to the citizens of the United States, may obtain registration for such trade-mark by complying with the following requirements: * * *." In note one following said section 81 (15 U. S. C. A., page 8), it is said:

"Mr. Justice Holmes, reviewing the history of trade-mark legislation and its constitutionality and answering the suggestion that Congress could project the trade-mark rights of the registrant and owner thereof

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