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SEARS, ROEBUCK & CO. v. WATSON

No. 11454.

204 F.2d 32 (1953)

SEARS, ROEBUCK & CO. v. WATSON.

United States Court of Appeals District of Columbia Circuit.

Decided March 12, 1953.

Attorney(s) appearing for the Case

Mr. C. Willard Hayes, Washington, D. C., with whom Mr. Frank H. Marks, Chicago, Ill., was on the brief, for appellant.

Mr. Joseph Schimmel, Atty., U. S. Patent Office, with whom Mr. E. L. Reynolds, Sol., U. S. Patent Office, was on the brief, for appellee.

Before PROCTOR, FAHY and WASHINGTON, Circuit Judges.

FAHY, Circuit Judge.

Sears, Roebuck and Co., the appellant, in 1908 adopted as a trade-mark for sporting goods "J C Higgins", not written, printed, impressed or woven in any particular or distinctive manner, and has used it extensively. In 1948 the Company applied to the Patent Office for registration of the mark, expressly negativing that the application was under Section 2(f) of the Act, Lanham Trade-Mark Act, 60 Stat. 429, 15 U.S. C. § 1052(f) (1946), 15 U...

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