GOODYEAR TIRE & RUBBER CO. v. COMMISSIONER OF PATENTS

Civ. A. No. 2894-64.

238 F.Supp. 509 (1965)

The GOODYEAR TIRE & RUBBER COMPANY, Plaintiff, v. The COMMISSIONER OF PATENTS, Defendant.

United States District Court District of Columbia.

February 23, 1965.


Attorney(s) appearing for the Case

Francis C. Browne, William E. Schuyler, Jr., Browne, Schuyler & Beveridge, Washington, D. C., for plaintiff.

Clarence W. Moore, Sol., Washington, D. C., for defendant.


JACKSON, District Judge.

This is a civil action brought under Title 5, Section 1009 of the Federal Administrative Procedure Act. Plaintiff, Goodyear Tire & Rubber Company, seeks to have the Court enjoin the defendant, Commissioner of Patents, from granting a trademark registration on an application Serial No. 172,441, filed by Weather-Rite Sportswear Co., Inc., for the mark "GOODYEAR DELUXE BY WEATHERITE".

Weather-Rite's application was at first refused...

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