Steinberg Brothers v. New England Overall Co.

377 F.2d 1004 (1967)

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Steinberg Brothers v. New England Overall Co.

United States Court of Customs and Patent Appeals
377 F.2d 1004 (1967)

Facts

Steinberg Brothers, Inc. (Steinberg) (opponent) opposed an application submitted by New England Overall Company, Inc. (New England) (applicant) to register the mark “Nuhide” for dungarees. Steinberg’s business involved tanning animal hides into leather and selling the leather for use in making cowboys’ chaps. Chaps were leather leggings without a seat that were worn over regular pants for leg protection. Steinberg contended that the mark “Nuhide” implied the use of animal hides and was deceptive or deceptively misdescriptive of New England’s dungarees, which were not made of leather. Steinberg thus argued, pursuant to §§ 2(a) and 2(e)(1) of the Lanham Act, that the mark was not registerable. A specimen label for the New England goods described them as “A COMPLETELY WASHABLE Western Dungaree” but also misdescribed them as “Chaps.” The Trademark Trial and Appeal Board (board) dismissed Steinberg’s objection, reasoning that dungarees were generally understood to be a particular type of garment made from a particular type of cotton fabric. Thus, the purchasing public was not likely to be deceived into buying New England’s dungarees in the mistaken belief that they were made of leather or that they were chaps. Steinberg appealed.

Rule of Law

Issue

Holding and Reasoning (Almond, J.)

Dissent (Kirkpatrick, J.)

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