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MARCALUS MANUFACTURING COMPANY v. WATSON

No. 14306.

258 F.2d 151 (1958)

MARCALUS MANUFACTURING COMPANY, Inc., Appellant, v. Robert C. WATSON, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 26, 1958.

Attorney(s) appearing for the Case

Mr. J. Preston Swecker, Washington, D. C., with whom Messrs. William L. Mathis, Washington, D. C., and Robert F. Beck, Paterson, N. J., were on the brief, for appellant.

Mr. Clarence W. Moore, Solicitor, United States Patent Office, for appellee.

Before FAHY, DANAHER and BURGER, Circuit Judges.

PER CURIAM.

Appellant sold paper products in wrappers which bore a maroon oval with the registered name "Marcal" and other words superimposed in the oval in white letters. This case arose when appellant sought to register the maroon oval by itself, without any wording.1 The Patent Office refused registration, and appellant filed an action in the District Court under 15 U.S.C. § 1071, 15 U.S.C.A. § 1071 and 35 U.S.C. § 145...

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