# Pep Boys, Manny, Moe & Jack v. Fisher Bros.

> Court of Customs and Patent Appeals · January 24, 1938 · 94 F.2d 204

URL: https://www.frixlaw.com/law-library/cases/6816504

## Case

- **Full name:** The Pep Boys, Manny, Moe and Jack v. The Fisher Brothers Company The Fisher Brothers Company v. The Pep Boys, Manny, Moe and Jack
- **Court:** Court of Customs and Patent Appeals
- **Decided:** January 24, 1938
- **Citations:** 94 F.2d 204; 25 C.C.P.A. 818; 1938 CCPA LEXIS 35
- **Precedential status:** Published
- **Opinion:** Concurrence by Leneoot
- **Judges:** Bland, Garrett, Graham, Hatfield, Leneoot, Lenroot
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6816504

## Opinion text

LeNeoot, Judge,
specially concurring:
I concur in the conclusion reached by the majority that applicant’s mark is not registrable for the reason that appellant’s notice of opposition should be sustained, but I think that, under the circumstances *826 of this case it should also be held that applicant’s mark is descriptive and that the decision of the commissioner so holding should be. affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6816504. Public record. Not legal advice.