Atlas Underwear Co. v. B. V. D. Co.
Court of Appeals for the D.C. Circuit
.Hearing on an appeal from a decision of the Commissioner of Patents sustaining the opposition to the registration of a trademark. The facts are stated in the opinion.
1Opinion of the CourtChief Justice Smytii
The B. Y. D. Company opposed the application of the Atlas Underwear Company for the registration of a trademark for underwear, consisting of an oval within which is the picture of a young man wearing a union suit while he is being measured with a tape line extending from the crotch to the right shoulder, where it is held by two hands of a second person. A decision in favor of the opposer was given by the Commissioner of Patents.
*426It is clearly established that for many years the opposer had been engaged in the distribution and sale of men’s union suits throughout the United States and in…
2Cited by1 opinion
- Virginia Dare Extract Co. v. DareCourt of Customs and Patent Appeals · 1934