YALE ELECTRIC CORPORATION v. ROBERTSON

No. 305.

26 F.2d 972 (1928)

YALE ELECTRIC CORPORATION v. ROBERTSON, Commissioner of Patents, et al.

Circuit Court of Appeals, Second Circuit.

June 11, 1928.


Attorney(s) appearing for the Case

Henry F. Parmelee, of New York City (Melville Church, of Washington, D. C., and William S. Pritchard, of New York City, of counsel), for appellant.

Taylor, Durey & Pierson, of Stamford, Conn. (Archibald Cox, Louis H. Porter, and F. Carroll Taylor, all of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge (after stating the facts as above).

The original examiner concluded that the use of the word "Yale" upon the plaintiff's goods was confusing to the defendant's buyers, but based his decision upon the ground that the mark sought to be registered was only a proper name, whose registration the statute did not allow. The commissioner affirmed this decision on the same ground, without passing on the evidence of confusion. The Court of Appeals of...

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