Appeal No. 87-1541. September 21, 1988. Eugene E. Renz, Jr., Eugene E. Renz, Jr., P.C., Media, Pa., argued for appellant. With him on the brief was John S. Munday. Albin F. Drost, Asst. Sol., Com'r of Patents and Trademarks, Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Solicitor. Appeal from the Trademark Trial and Appeal Board. Before NIES and BISSELL, Circuit Judges, and NICHOLS, Senior Circuit Judge. NIES, Circuit Judge.
Patent Appeal No. 7067. January 23, 1964. Kaye, Scholer, Fierman, Hays Handler, New York City (Sidney A. Diamond, New York City, of counsel), for appellant. Submitted on record by appellee. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges. ALMOND, Judge. R. Neumann Co. appeals from a decision of the Trademark Trial and Appeal Board which dismissed appellant's opposition to application by Bon-Ton Auto Upholstery, Inc., appellee, for registration of the term "VYNAHYDE" as a trademark
It is unfair or deceptive to misrepresent, directly or by implication, the composition of any industry product or part thereof. It is unfair or deceptive to use the unqualified term "leather" or other unqualified terms suggestive of leather to describe industry products unless the industry product so described is composed in all substantial parts of leather. This section includes, but is not limited to, the following: For purposes of these Guides, footwear is composed of three parts: the upper, the
(a) It is unfair or deceptive to: (1) Use the terms "corrosion proof," "noncorrosive," "rust proof," or any other term of similar meaning to describe an industry product unless all parts of the product will be immune from rust and other forms of corrosion during the life expectancy of the product; or (2) Use the terms "corrosion resistant," "rust resistant," or any other term of similar meaning to describe an industry product unless all parts of the product are of such composition as to not be subject