Yale Electric Corporation v. Robertson

26 F.2d 972 (2nd cir. 1928)

Facts

The examiner concluded that the use of the word 'Yale' upon P's goods was confusing to D's buyers, but based his decision upon the ground that the mark sought to be registered was only a proper name, whose registration the statute did not allow. The commissioner, Robertson (D1) affirmed this decision on the same ground, without passing on the evidence of confusion. This appeal resulted.