FRANKLIN KNITTING MILLS v. KASSMAN & KESSNER

No. 1856.

13 F.2d 319 (1926)

FRANKLIN KNITTING MILLS, Inc., v. KASSMAN & KESSNER, Inc.

Court of Appeals of District of Columbia.

Decided June 1, 1926.


Attorney(s) appearing for the Case

E. M. Evarts, of New York City, for appellant.

Andrew Foulds, Jr., of New York City, for appellee.

Before MARTIN, Chief Justice, ROBB, Associate Justice, and BAILEY, Justice of the Supreme Court of the District of Columbia.


ROBB, Associate Justice.

Appeal from a decision of the Patent Office dismissing appellant's opposition to the registration by appellee of the words "Fashion Park" as a trade-mark on hats and caps; the basis of the opposition being the prior use and registration of the mark "Fashionknit" on similar goods.

The Assistant Commissioner ruled that the word "fashion," being descriptive as applied to wearing apparel of any kind, is not susceptible of exclusive appropriation...

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