SYLVANIA ELECTRIC PRODUCTS v. DURA ELECTRIC LAMP COMPANY

No. 12089.

247 F.2d 730 (1957)

SYLVANIA ELECTRIC PRODUCTS, Inc., Appellant, v. DURA ELECTRIC LAMP COMPANY, Inc., and Michael Portnow.

United States Court of Appeals Third Circuit.

Decided August 27, 1957.


Attorney(s) appearing for the Case

Leslie D. Taggart, New York City (Pitney, Hardin & Ward, Newark, N. J., Robert C. Nicander, New York City, Howard M. Cohen, New York City, Arthur J. Martin, Jr., Newark, N. J., on the brief), for plaintiff-appellant.

Alex Friedman, New York City (Harry B. Rook, Newark, N. J., Mock & Blum, New York City, on the brief), for defendants-appellees.

Before STALEY and HASTIE, Circuit Judges, and SORG, District Judge.


STALEY, Circuit Judge.

The argument is advanced upon this appeal that a certain symbol descriptive of a feature of a product may be registered as a trade-mark notwithstanding the fact that the feature admittedly performs a utilitarian function.

Sylvania Electric Products, Inc., brought an action in the district court under the Lanham Trade-Mark Act, 15 U.S.C.A. § 1051 et seq., for alleged trade-mark infringement, and for injunctive relief against unfair...

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