Legal Opinion
In re Cooper
Court of Customs and Patent Appeals
Decided April 14, 1958No. 6329PublishedCited by 38 opinions
1Opinion of the CourtRich, Judge
The sole question raised by this appeal is whether an arbitrary, that is to say coined, term which is the title of a book, and the only designation the book has, is registrable as a trademark for books under the Trademark Act of 1946, also known as the Lanham Act.
*925Facts
September 28, 1953, appellant applied for .the registration of TEENY-BIG as a trademark for books, in Class 38, on the Principal Register under the Act of July 5, 1946, alleging first use and use in “commerce” on July 1, 1953. The specimen filed with the application appears to be the jacket of a book, the front cover portion…
2Cases cited2 opinions
- Black v. EhrichU.S. Circuit Court for the District of Southern New York · 1891
- Whitman Publishing Co. v. McLoughlin Bros.Court of Customs and Patent Appeals · 1938
3Cited by38 opinions
- Mattel, Inc. v. MCA Records, Inc.Court of Appeals for the Ninth Circuit · 2002
- Herbko International, Inc. v. Kappa Books, Inc.Court of Appeals for the Federal Circuit · 2002
- Sugar Busters LLC v. Ellen C. Brennan Theodore M. Brennan Shamrock Publishing Inc.Court of Appeals for the Fifth Circuit · 1999
- Roux Laboratories, Inc. v. Clairol IncorporatedCourt of Customs and Patent Appeals · 1970
- Weiss Noodle Company v. Golden Cracknel and Specialty CompanyCourt of Customs and Patent Appeals · 1961
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