Heaton-Peninsular Button Fastener Co. v. Independent Button Fastener Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decision of the Commissioner of Patents canceling the 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 granting the cancelation of the registration of a trademark.
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Hearing on an appeal from a decision of the Commissioner of Patents canceling the 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 granting the cancelation of the registration of a trademark. The Heaton-Peninsular Button Fastener Company registered, under the ten-year clause of the trademark act, as a trademark for certain button fasteners consisting of a pictorial reproduction of a staple-like button fastener August 9, 1909. This alleged trademark is a correct illustration of a button…
1Opinion of the CourtChief Justice Shepard
This appeal is from a decision canceling the same.
The representation of the staple could not constitute a technical trademark, as it is peculiarly descriptive of the article. In Re Schweinfurter Pracisions-Kugel-Lager-Werke Fichtel & Sachs, 38 App. D. C. 279, 280. Recognizing this fact, the registration was applied for and granted under the ten-year clause of the statute.
The label on the packages consists of a ■ reproduction of the Vinton patent, and became associated in the public mind with the manufactured article. Upon the expiration of the patent the right to manufacture the article…
2Cases cited6 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
- Yale & Towne Mfg. Co. v. FordCourt of Appeals for the Third Circuit · 1913
- Bristol Co. v. GrahamCourt of Appeals for the Eighth Circuit · 1912
- Hiram Holt Co. v. WadsworthU.S. Circuit Court for the District of Northern New York · 1889
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