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SEWELL v. FEDERAL TRADE COMMISSION

No. 14354.

240 F.2d 228 (1956)

James H. SEWELL, doing business under the fictitious firm name and style of Burns Cuboid Company, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Ninth Circuit.

October 16, 1956.

Attorney(s) appearing for the Case

Maury, Larsen & Hunt, George R. Maury, Los Angeles, Cal., for petitioner.

Earl W. Kintner, Gen. Counsel, Robert B. Dawkins, Asst. Gen. Counsel, Alvin L. Berman, Atty., F. T. C., Washington, D. C., for respondent.

Before POPE, FEE and CHAMBERS, Circuit Judges.

CHAMBERS, Circuit Judge.

Sewell, petitioner here, and respondent before the Federal Trade Commission, has successfully built in and from Santa Ana, California, a large business in the manufacture and sale of an article which we can call a shoe insert. Its basic name is Cuboids. This is a derivation from the cuboid bone in the arch of the human foot. Various names are used in marketing like "Cuboid balancer" or "Doggies." A ready market for the device is found among...

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