Goodyear Tire & Rubber Co. v. C. Kenyon Co.

On March 26, 1928, C. Kenyon Co. (Inc.), filed an application in. the United States Patent Office for registration as a trade-mark, for use upon “ rubber or rubber and fabric tires and tubes for vehicles,”' of the mark at issue.

The claimed mark comprises a pictorial representation of a tire casing upon which is imprinted the word “ Kenyon ” in script-like letters and from each side of which, extending laterally therefrom, are wings, having above them a background also bearing the word “ Kenyon.” There was a disclaimer of the representation of the tire casing apart from the mark as shown.

Contin…