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LUFKIN RULE CO. v. MASTER RULE MFG. CO.

Patent Appeal No. 2361.

40 F.2d 991 (1930)

LUFKIN RULE CO. v. MASTER RULE MFG. CO., Inc.

Court of Customs and Patent Appeals.

May 28, 1930.

Attorney(s) appearing for the Case

George B. Willcox (Charles R. Allen, of Washington, D. C., of counsel), for appellant.

Samuel E. Darby, of New York City (Fred Francis Weiss, of New York City, of counsel), for appellee.

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

GARRETT, Associate Judge.

The appellee (applicant) on December 14, 1922, made application for registration, under the Trade Mark Act of 1905 (15 US CA § 81 et seq.), for rules, folding rules and extension rules, of a mark consisting of two arbitrary features, viz. (a) the words "Blue End" and (b) the coloring blue of the ends of the rules, the words to be applied by being stamped "on the wood of the rule, and upon the packages containing the same, by placing...

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