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A. T. CROSS COMPANY v. JONATHAN BRADLEY PENS, INC.

No. 440, Docket 72-2216.

470 F.2d 689 (1972)

A. T. CROSS COMPANY, Plaintiff-Appellee, v. JONATHAN BRADLEY PENS, INC., et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 21, 1972.

Attorney(s) appearing for the Case

Leslie D. Taggart, New York City (Watson, Leavenworth, Kelton & Taggart, Albert Robin, Frank J. Colucci, New York City, and Herbert B. Barlow, Jr., Providence, R. I., of counsel), for plaintiff-appellee.

Roger M. Milgrim, New York City (Milgrim, Thomajan & Jacobs and Raymond J. Hagan, New York City, of counsel), for defendants-appellants.

Before FRIENDLY, Chief Judge, and MANSFIELD and TIMBERS, Circuit Judges.

FRIENDLY, Chief Judge:

Since 1868 plaintiff A. T. Cross Company (Cross) has been selling, with increasing success, mechanical pens and pencils bearing its trademark CROSS. The mark has been registered in the principal register of the Patent Office. Whether or not its quality as a surname made it ineligible for registration on the principal as distinguished from the supplemental register, cf. 15 U.S.C. § 1052 (e)(3); Kimberly-Clark Corp. v. Marzall,

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