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B. F. GOODRICH CO. v. CLOSGARD WARDROBE CO.

Patent Appeal No. 2158.

37 F.2d 436 (1930)

B. F. GOODRICH CO. v. CLOSGARD WARDROBE CO.

Court of Customs and Patent Appeals.

February 6, 1930.

Attorney(s) appearing for the Case

Pierson, Eakin & Avery, of Akron, Ohio (Willard D. Eakin, of Akron, Ohio, of counsel), for appellant.

Edwin S. Clarkson, of Washington, D. C., for appellee.

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

GARRETT, Associate Judge.

This is a trade-mark case involving use of the word "zipper."

In May, 1926, appellee filed with the Commissioner of Patents a declaration of the adoption and use of the word "zipper" as a trade-mark for wardrobe bags, in class 2 receptacles, and applied for registration in accordance with the Act of February 20, 1905 (33 Stat. 724) as amended (15 USCA § 81 et seq.). This declaration, which was amended in July, 1926, alleged that...

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