GOODYEAR TIRE & RUBBER CO. v. C. KENYON CO.

Patent Appeal No. 2904.

56 F.2d 670 (1932)

GOODYEAR TIRE & RUBBER CO. v. C. KENYON CO., Inc.

Court of Customs and Patent Appeals.

March 28, 1932.


Attorney(s) appearing for the Case

O. E. Bee, of Akron, Ohio, for appellant.

Edwin Levisohn, of New York City, for appellee.

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


GARRETT, Associate Judge.

On March 26, 1928, C. Kenyon Company, Inc., filed an application in the United States Patent Office for registration as a trade-mark, for use upon "rubber or rubber and fabric tires and tubes for vehicles," of the mark at issue.

The claimed mark comprises a pictorial representation of a tire casing upon which is imprinted the word "Kenyon" in scriptlike letters and from each side of which, extending laterally therefrom, are wings...

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