Citing Drackett v. Cram, 23 F.2d 485 | Casetext

Drackett v. Cram

1 Citing case

R. Neumann Co. v. Overseas Shipments
326 F.2d 786 (C.C.P.A. 1964) Cited 6 times
Intellectual Property - Trademark
Construction Equipment Sales
Construction and Building Materials
In R. Neumann Co. v. Overseas Shipments, Inc., 326 F.2d 786, 51 CCPA 946, 140 USPQ 276 (1964), a similar argument was made that the mark DURAHYDE on shoes was not deceptive as an indication of leather because of tags affixed to the shoes proclaiming the legend "Outwears leather.
"* * * the issues here must be determined on the basis of the applications involved rather than the actual way in which the parties used the marks. Hat Corp. of America v. John B. Stetson Co., 23 F.2d 485, 42 C.C.P.A., Patents, 1001; Intercontinental Mfg. Co., Inc. v. Continental Motors Corp., 230 F.2d 621, 43 C.C.P.A., Patents, 841."