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SPANG v. WATSON

No. 11508.

205 F.2d 703 (1953)

SPANG et al. v. WATSON, Commissioner of Patents.

United States Court of Appeals District of Columbia Circuit.

Decided May 7, 1953.

Petition for Rehearing Denied August 21, 1953.

Attorney(s) appearing for the Case

Mr. Cedric W. Porter, Boston, Mass., pro hac vice, by special leave of Court, with whom Messrs. Nathan Heard, Boston, Mass., and Lee L. Townshend, Washington, D. C., were on the brief, for appellants.

Mr. H. S. Miller, Attorney, United States Patent Office, with whom Mr. E. L. Reynolds, Solicitor, United States Patent Office, was on the brief, for appellee.

Before EDGERTON, FAHY and WASHINGTON, Circuit Judges.

FAHY, Circuit Judge.

Appellants sued the Commissioner of Patents under Rev.Stat. § 4915,1 to register the words "Cube Steak" as a trade-mark for meat tenderizing machines. Appellants say the term is "a mark used by the applicant which has become distinctive of the applicant's goods in commerce" within the meaning of § 2(f) of the Lanham Trade-Mark Act, 60 Stat. 429 (1946), 15 U.S.C.A. § 1052(f).

The District Court...

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