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· 2/1/1956

David B. Dale v. Henry P. Rosenfeld, Doing Business Under the Firm Name and Style of Henry P. Rosenfeld Co., Samson Wallach and Abraham S. Gechtman

Citations

  • 229 F.2d 855
  • 132 U.S.P.Q. (BNA) 627
  • 1956 U.S. App. LEXIS 2750

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding SUDSY generic for ammonia products notwithstanding that \some of the so-called 'sudsy' [ammonia] products marketed by opposers were not in fact sudsy because they contained no detergent.\
  • “Availability elsewhere of truthful information cannot excuse untruths or misleading omissions in the prospectus. Readiness and willingness to disclose are not equivalent to disclosure.”
  • “To show that a common descriptive name has acquired a de facto secondary meaning, in the sense that some or even many people have come to associate it with a particular producer, is not in itself enough to show that it has become entitled to registration as a trademark.”
  • “To show that a common descriptive name has acquired a de facto secondary meaning, in the sense that some or even many people have come to associate it with a particular producer, is not in itself enough to show that it has become entitled to registration as a trademark.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hand, Swan, Frank

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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