IN RE RIVERBANK CANNING CO.

Patent Appeal No. 3882.

95 F.2d 327 (1938)

In re RIVERBANK CANNING CO.

Court of Customs and Patent Appeals.

April 4, 1938.


Attorney(s) appearing for the Case

Jackson & Webster, of San Francisco, Cal. (Charles R. Allen and William G. MacKay, both of Washington, D. C., of counsel), for appellant.

R. F. Whitehead, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges.


LENROOT, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents, affirming that of the Examiner refusing to register the mark "Madonna" as a trade-mark for wines, on the ground that the use of the word, for such purpose, is scandalous within the meaning of section 5(a) of the Trade-Mark Act of February 20, 1905, as amended, 15 U.S.C.A. § 85(a).

The present application was filed January 20, 1934, and was published July 17, 1934...

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