Opinion

Barber-Colman Co. v. Overhead Door Corporation

65 F.2d 147
20 C.C.P.A. 1118
1933 CCPA LEXIS 89

Court: Court of Customs and Patent Appeals
Filed: May 29, 1933
Status: Published
Author: Lenroot
On the bench: Graham, Bland, Hatfield, Garrett, Lenroot
Cited by: 5 cases
Authority: More cited than 7.2%

The opinion

LENROOT, Associate Judge

(concurring).

I concur in the opinion of the majority, but in my judgment it clearly overrules the case of In re Plymouth Motor Corporation, 46 F.(2d) 211 , 18 C. C. P. A. 838, which holds that, if a geographical term has a secondary meaning, it is more than merely geographical, and is therefore registrable. I dissented from the majority opinion in said Plymouth Case, and I believe that the majority opinion in the ease at bar should expressly overrule said ease.

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