A. Leschen & Sons Rope Co. v. American Steel & Wire Co.

GRAHAM, Presiding Judge, and LEN-ROOT, Associate Judge

(specially concurring).

We concur in the conclusion that the applicant is not entitled to registration of its mark which it describes as “a silver strand which is incorporated in the rope during the laying-in operation.” We do so, however, upon different grounds than those stated in the opinion of the majority. As we understand the majority opinion, it proceeds upon the theory that confusion would result with opposer’s mark if registration were allowed. In our opinion, the decision should rest upon the ground that the applicant’s mark is…