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VIBROPLEX CO. v. J. H. BUNNELL & CO.

13 F.2d 528 (1926)

VIBROPLEX CO., Inc., v. J. H. BUNNELL & CO.

District Court, S. D. New York.

June 21, 1926.

Attorney(s) appearing for the Case

Murray Corrington, of New York City, for plaintiff.

Philip Farnsworth, of New York City, for defendant.

WINSLOW, District Judge.

This is an action in equity to restrain the defendant from the use of the word "BUG" as applied to telegraphic sending machines. Plaintiff also alleged unfair business competition, but that was withdrawn from consideration. The only material question is the validity of the registered trade-mark.

I am convinced that the evidence justifies the conclusion that the word "BUG," as applied to telegraph instruments, is a generic name in common...

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