Fawcett Publications, Inc. v. Bronze Publication, Inc.

Fifth Circuit

Fawcett Publications, Inc. v. Bronze Publication, Inc.

174 F.2d 646, 81 U.S.P.Q. (BNA) 519, 1949 U.S. App. LEXIS 2260

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 3, 1949

DocketNo. 12478

StatusPublished

This text of 174 F.2d 646 (Fawcett Publications, Inc. v. Bronze Publication, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fawcett Publications, Inc. v. Bronze Publication, Inc., 174 F.2d 646, 81 U.S.P.Q. (BNA) 519, 1949 U.S. App. LEXIS 2260 (5th Cir. 1949).

Pincite

Opinion

PER CURIAM.

Appellant now complains that this court erred in its original opinion in concluding that it had itself obtained trade mark registrations for at least three other proposed publications, with the word “Confessions” appearing in the title of each. We have accordingly re-examined the record, and find that two of the other “Confessions” magazines have been registered and published in years past by a competitor of appellant, McFaddin Publications, and that the third, “Mystic Confessions”, was registered and published by a wholly owned subsidiary of appellant during the year 1938. We, therefore adhere to our original opinion, as it sufficiently appears from the pleadings and exhibits in the case that the word, “Confessions”, is merely descriptive , of a class of popular monthly publications, and has acquired no secondary meaning as identifying only plaintiff’s publication, “True Confessions”. Cf. Crime Confessions, Inc., v. Fawcett Publications, Inc., 139 F.2d 499, 31 C.C.P.A., Patents, 760. The petition for rehearing is

Denied.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant now complains that this court erred in its original opinion in concluding that it had itself obtained trade mark registrations for at least three other proposed publications, with the word “Confessions” appearing in the title of each. We have accordingly re-examined the record, and find that two of the other “Confessions” magazines have been registered and published in years past by a competitor of appellant, McFaddin Publications, and that the third, “Mystic Confessions”, was registered and published by a wholly owned subsidiary of appellant during the year 1938. We, therefore adhere to our original opinion, as it sufficiently appears from the pleadings and exhibits in the case that the word, “Confessions”, is merely descriptive , of a class of popular monthly publications, and has acquired no secondary meaning as identifying only plaintiff’s publication, “True Confessions”. Cf. Crime Confessions, Inc., v. Fawcett Publications, Inc., 139 F.2d 499, 31 C.C.P.A., Patents, 760. The petition for rehearing is

Denied.

Cite This Page — Counsel Stack

Bluebook (online)

174 F.2d 646, 81 U.S.P.Q. (BNA) 519, 1949 U.S. App. LEXIS 2260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fawcett-publications-inc-v-bronze-publication-inc-ca5-1949.

Opinion

Related

Cite This Page — Counsel Stack