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PURE OIL CO. v. THE PEP BOYS — MANNY, MOE & JACK

No. 7973.

128 F.2d 34 (1942)

PURE OIL CO. v. THE PEP BOYS — MANNY, MOE & JACK.

United States Court of Appeals for the District of Columbia.

Decided May 19, 1942.

Attorney(s) appearing for the Case

Mr. Gene M. Woodfin, of Houston, Tex., pro hac vice, by special leave of court, for appellant. Mr. Carl T. Mack, of Washington, D. C., was on the brief for appellant.

Mr. Bernard F. Garvey, of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and VINSON and EDGERTON, Associate Justices.

EDGERTON, Associate Justice.

This is an appeal from a judgment of the District Court which authorized registration of appellee's trademark.1 The mark consists of appellee's corporate name, "The Pep Boys — Manny, Moe & Jack", in distinctive lettering, together with caricatures of three individuals. It is used in connection with automobile lubricating oils, cup greases and high pressure lubricants. The Patent Office had denied...

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