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" The word, therefore, is descriptive, not indicative of the origin or the ownership of the goods; and, being of that quality, we cannot admit that it loses such quality and becomes arbitrary by being misspelled. Bad orthography has not yet become so rare... "
Decisions of the Commissioner of Patents and of the United States Courts in ... - Page 183
by United States. Patent Office - 1926
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 220

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1911 - 744 pages
...flexibility and not pervious to water. The word, therefore, is descriptive, not indicative of the origin or the ownership of the goods; and, being of that quality,...character of an article is from its origin or ownership. We content ourselves with applying the principle of the cases which we have cited and will not review...
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Supreme Court Reporter, Volume 31

United States. Supreme Court - Law reports, digests, etc - 1911 - 760 pages
...flexibility and not pervious to water. The word, therefore, is descriptive, not indicative of the origin or the ownership of the goods; and, being of that quality,...arbitrary sign •of something else than its conventional Cleaning, as different, to bring the example to the present case, as the character of an article is...
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The American Year Book

Albert Bushnell Hart - Almanacs, American - 1912 - 908 pages
...rubber, and that it was none the less descriptive because misspelled. "Bad orthography," said the court, "has not yet become so rare or so easily detected...of something else than its conventional meaning." The next question was whether the defendant had been guilty of unfair trade in designating its roofing...
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Good Will, Trade-marks and Unfair Trading

Edward Sidney Rogers - Competition, Unfair - 1914 - 296 pages
...eccentricities made a good trade-mark out of a descriptive word: "Bad orthography has not yet become so rare or easily detected as to make a word the arbitrary sign...of something else than its conventional meaning." Descriptive words are not protected as trademarks for the excellent reason that to give to one producer...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1917 - 742 pages
...31 Sup. Ct. (55 L. Ed. 536) : "The word, therefore, is descriptive, not indicative of the origin or the ownership of the goods ; and, being of that quality,...character of an article is from its origin or ownership." The decree is affirmed with costs. (234 Fed. 70) PREEDMAN et al. v. DAVOPLANE BED CO. (Circuit Court...
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The Business Law Journal, Volume 6

Commercial law - 1925 - 516 pages
...31 S. Ct. 456, 55 L. Ed. 536: 'The word, therefore, is descriptive, not indicative of the origin or the ownership of the goods; and, being of that quality, we cannot admit that rt loses such quality and becomes arbitrary by being mispelled. Bad orthography has not yet become...
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The Federal Reporter, Volume 234

Law reports, digests, etc - 1916 - 1096 pages
...31 Sup. Ct. (55 L. Ed. 536) : "The word, therefore, is descriptive, not Indicative of the origin or the ownership of the goods ; and, being of that quality, we cannot admit thnt it loses such quality and becomes arbitrary by being misspelled. Bad orthography has not yet become...
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United States Supreme Court Reports, Volume 55

United States. Supreme Court - Law reports, digests, etc - 1926 - 892 pages
...flexibility and not pervious to water. The word, therefore, is descriptive, not indicative of the origin or the ownership of the goods; and, being of that quality,...character of an article is from its origin or ownership. We content ourselves with applying the principle of the cases which we have cited, and will not review...
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Cases Argued and Decided in the Supreme Court of the United ..., Volume 55

United States. Supreme Court - Law reports, digests, etc - 1926 - 894 pages
...flexibility and not pervious to water. The word, therefore, is descriptive, not indicative of the origin or the ownership of the goods; and, being of that quality,...word the arbitrary sign of something else than its convention:)] meaning, as different, to bring the example to the present case, as the character of...
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Court of Customs and Patent Appeals Reports, Volume 49

United States. Court of Customs and Patent Appeals - Customs administration - 1961 - 772 pages
...omission of one of the letters "b" : The word, therefore, is descriptive, not indicative of the origin or the ownership of the goods; and, being of that quality,...character of an article is from Its origin or ownership. Applicant's use of EXTRORDINAIRE is simply a misspelling of the word "extraordinaire" which applicant...
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