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POLYMER CORPORATION v. DAYCO CORPORATION

Patent Appeal No. 7048.

324 F.2d 1019 (1963)

The POLYMER CORPORATION, Appellant, v. DAYCO CORPORATION, by change of name from the Dayton Rubber Company, Appellee.

United States Court of Customs and Patent Appeals.

December 12, 1963.

Attorney(s) appearing for the Case

William P. Cole, Philadelphia, Pa. (Andrew R. Klein, Synnestvedt & Lechner, Philadelphia, Pa., of counsel), for appellant.

Reuben Wolk, Dayton, Ohio, for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges.

WORLEY, Chief Judge.

Dayco Corporation seeks registration of "NYLAFLEX" as a trademark for a vacuum and hot air hose1, first used in 1959. Polymer Corporation opposes2 on its prior use and 1955 registration3 of "NYLAFLOW" on "synthetic resin tubing."

It appears that Polymer manufactures and sells industrial plastics as well as products made of plastic, including nylon pressure...

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