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KRAFT CHEESE CO. v. COE

No. 8717.

146 F.2d 313 (1944)

KRAFT CHEESE CO. v. COE, Com'r of Patents.

United States Court of Appeals District of Columbia.

Decided December 18, 1944.

Attorney(s) appearing for the Case

Mr. Cyril A. Soans, of Chicago, Ill., with whom Mr. Thomas L. Mead, Jr., of Washington, D. C., was on the brief, for appellant.

Mr. R. F. Whitehead, of Washington, D. C., with whom Mr. W. W. Cochran, Solicitor, United States Patent Office, of Washington, D. C., was on the brief, for appellee.

Before MILLER, EDGERTON and ARNOLD, Associate Justices.

ARNOLD, Associate Justice.

The sole question involved is whether the plaintiff is entitled to the words "Old English" in Gothic letters as a registered trademark for its cheese under the Act of 1905.1 The Patent Office refused registration on the ground that the mark was merely geographical. The District Court dismissed the complaint seeking adjudication of the plaintiff's right to this trademark on the ground that the word "English" was...

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