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KRAFT CHEESE CO. v. COE

Civil Action No. 16059.

55 F.Supp. 24 (1943)

KRAFT CHEESE CO. v. COE, Commissioner of Patents.

District Court of the United States for the District of Columbia.

November 13, 1943.

Attorney(s) appearing for the Case

Thomas L. Mead, Jr., of Washington, D. C., and Cyril A. Soans and William E. Anderson, both of Chicago, Ill., for plaintiff.

W. W. Cochran, Sol., U. S. Patent Office, of Washington, D. C., for defendant.

BAILEY, Justice.

The Commissioner of Patents has refused to register to applicant under the Act of February 20, 1905, 15 U.S.C.A. § 81 et seq., the mark "Old English" written in old English script as a trademark for cheese upon the ground that the word "English" is geographical and the combination of the two is both descriptive and geographical.

It is clear that the word "English" is geographical and the applicant has disclaimed this particular word....

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