BONNE BELL, INC. v. LANOLIN PLUS COSMETICS

No. 5924.

202 F.2d 790 (1953)

BONNE BELL, INC. v. LANOLIN PLUS COSMETICS, INC.

United States Court of Customs and Patent Appeals.

March 11, 1953.


Attorney(s) appearing for the Case

Bates, Teare & McBean, Cleveland, Ohio (Albert R. Teare, Cleveland, Ohio, of counsel), for appellant.

James R. McKnight and Robert C. Comstock, Chicago, Ill., for appellee.

Before GARRETT, Chief Judge, and O'CONNELL, JOHNSON, WORLEY, and COLE, Associate Judges.


COLE, Judge.

Appellant herein applied for registration of the mark "Plus 30," establishing use thereof since 1944, and alleged said mark to be a fanciful designation, arbitrarily selected. The appellee-opposer, a competitor of the applicant dealing in similar goods, urges that the mark is descriptive of the goods in question and consequently alleges that registration of applicant's mark would be injurious to opposer's business interests.

The Commissioner of...

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