(dissenting).
As noted by the majority, this court in R. Neumann & Co. v. Bon-Ton Auto Upholstery, Inc., 326 F.2d 799, 51 CCPA 934, held that “VYNAHYDE” was both deceptive and deceptively misdescriptive of plastic films and plastic films made into furniture slipcovers, because it gave the erroneous impression that they were made of leather. In the present case the majority holds that “NUHIDE” is not deceptive or deceptively misdescriptive when applied to a type of pants known as dungarees. The fact that dungarees are made from a certain type of cloth does not in my view prevent a purchaser from assuming that the same style of pants is made from a different material, the word “dungarees” being regarded as a style designation. Under these circumstances I think that the word “NUHIDE” would convey to the prospective purchaser that he would be obtaining a pair of leather pants styled as blue jeans or dungarees are now styled. It seems to me that the majority’s reasoning might lead to a conclusion that a trademark such as “LEATHER DUNGAREES” would not be deceptive or deceptively misdescriptive, presumably because no one ought to believe the statement. It is also of some significance that the specimen label misdescribes the goods in question as chaps which are normally made of leather.
I would, therefore, reverse the decision of the board.