In re Johns-Manville
Decision Date | 01 December 1924 |
Docket Number | No. 1686.,1686. |
Citation | 55 App. DC 142,2 F.2d 944 |
Parties | In re JOHNS-MANVILLE, Inc. |
Court | U.S. Court of Appeals — District of Columbia Circuit |
P. Parker-Smith, of New York City, for appellant.
T. A. Hostetler, of Washington, D. C., for Commissioner of Patents.
Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.
This appeal is from the decision of the Commissioner of Patents, denying registration of a mark described by the Commissioner as follows:
We agree with the tribunals of the Patent Office that this case is conclusively controlled by the case of A. Leschen & Sons Rope Co. v. Macomber & Whyte Rope Co. (C. C.) 142 F. 289, in which the court held that a color streak in a wire rope could not constitute a valid trade-mark, since there can be no valid trade-mark in color alone. Nor does the contention of appellant that the restriction of the application of the mark to a specific manner strengthen its case. Inasmuch as appellant's band is not restricted to any distinctive color, it possesses no feature, irrespective of the manner of application, which would tend to distinguish the goods or their origin.
The present case falls within the decision of this court in Leschen & Sons Rope Co. v. Fuller et al., 218 F. 787, 134 C. C. A. 570; and also within the decision of the Supreme Court in Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co., 201 U. S. 166, 26 S. Ct. 425, 50 L. Ed. 710.
The decision of the Commissioner of Patents is affirmed.
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