In R. Neumann Co. v. Overseas Shipments, Inc., 326 F.2d 786, 51 CCPA 946, 140 USPQ 276 (1964), a similar argument was made that the mark DURAHYDE on shoes was not deceptive as an indication of leather because of tags affixed to the shoes proclaiming the legend "Outwears leather.
15 U.S.C. § 1052 Cited 1,580 times 260 Legal Analyses
Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"