Burgess Battery Co. v. Marzall

YOUNGDAHL, District Judge.

Plaintiff comes into Court for an adjudication authorizing the registration of a design consisting of vertical alternate light and dark stripes of indefinite size and extent, as a trade-mark for batteries on the principal register. On two prior occa sions plaintiff endeavored to have registered this design. The registration was first refused by the Court of Customs and Fatent Appeals in 1940. 1 Later in 1944 an attempt was made to register a shield surrounded by these same alternating light and dark stripes. This endeavor was likewise unsuccessful. 2

In refusing…