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COLLINS & AIKMAN CORPORATION v. SANFORD MILLS

Patent Appeal No. 4056.

101 F.2d 531 (1939)

COLLINS & AIKMAN CORPORATION v. SANFORD MILLS et al.

Court of Customs and Patent Appeals.

February 6, 1939.

Attorney(s) appearing for the Case

Paul J. Schmitz, of Philadelphia, Pa., for appellant.

Nathan Heard, of Boston, Mass. (C. Yardley Chittick, of Boston, Mass., of counsel), for appellees.

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

BLAND, Associate Judge.

The principal issue involved in this appeal from the decision of the Commissioner of Patents is whether or not appellant's alleged trade-mark "Breathing Back" which it seeks to register for use for pile fabrics in the piece consists "merely in words or devices which are descriptive of the goods with which they are used, or of the character or quality of such goods," within the meaning of the trade-mark act of February 20, 1905, as amended...

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