Johnson v. Brandau
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decision of the Commissioner of Patents sustaining a demurrer to an opposition to registration of a trademark. The Court in the opinion stated the facts as follows: This is an appeal from the decision of the Commissioner of Patents sustaining a demurrer to an opposition to the registration of a trademark.
Read the full summary
Hearing on an appeal from a decision of the Commissioner of Patents sustaining a demurrer to an opposition to registration of a trademark. The Court in the opinion stated the facts as follows: This is an appeal from the decision of the Commissioner of Patents sustaining a demurrer to an opposition to the registration of a trademark. On May 22, 1907, Adam Brandau filed an application for the registration of a trademark used on molder’s shoes manufactured of leather and asbestos. The description and the drawing filed with this application show the picture of an ass, above which, in a curved…
1Opinion of the CourtChief Justice Shepard
The word “asbestos” is clearly descriptive of the goods manufactured by each party. Being descriptive, its registration as a trademark is prohibited by the statute. It is therefore open to use by the public at will, subject, of course, to such limitations as may be imposed by the courts in cases involving unfair ■competition.
The opposer in this case is not attempting to secure registration of the word for himself. Claiming to have used it as a tradename prior to its adoption by the applicant, and to have built up a considerable trade in his goods, he opposes its registration as an exclusive…
2Cited by3 opinions
- Franklin Press, Inc.Court of Customs and Patent Appeals · 1979
- Virginia Dare Extract Co. v. DareCourt of Customs and Patent Appeals · 1934
- In Re American Cyanamid & Chemical CorporationCourt of Customs and Patent Appeals · 1938