EDUCATIONAL DEVELOPMENT CORP. v. ECONOMY CO.

No. 76-1425.

562 F.2d 26 (1977)

EDUCATIONAL DEVELOPMENT CORPORATION, Appellant, v. The ECONOMY COMPANY, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided September 8, 1977.


Attorney(s) appearing for the Case

Russell H. Harbaugh, Jr., Tulsa, Okl. (Ford F. Farabow, Jr., Tipton D. Jennings, IV, Washington, D. C., James L. Kincaid, Tulsa, Okl., of counsel; Finnegan, Henderson, Farabow & Garrett, Washington, D. C., and Conner, Winters, Ballaine, Barry & McGowen, Tulsa, Okl., on the briefs) for appellant.

Jerry J. Dunlap, Oklahoma City, Okl. (Dunlap, Codding & McCarthy, Oklahoma City, Okl. and Royce H. Savage, Tulsa, Okl., on the briefs) for appellee.

Before LEWIS, Chief Judge, and BREITENSTEIN and DOYLE, Circuit Judges.


BREITENSTEIN, Circuit Judge.

This is a trademark case within federal jurisdiction under 28 U.S.C. § 1338. Plaintiff claims infringement of its registered valid trademark and unfair competition. After trial without a jury, the district court held that the trademark was not properly registered because it was descriptive, see 15 U.S.C. § 1052(e)(1), and denied the unfair competition claim. The plaintiff has appealed. We affirm.

Plaintiff-appellant,...

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