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SWITZER v. J. N. COLLINS CO.

No. 1976.

23 F.2d 775 (1927)

SWITZER v. J. N. COLLINS CO.

Court of Appeals of District of Columbia.

Decided December 5, 1927.

Attorney(s) appearing for the Case

E. T. Fenwick and E. G. Fenwick, both of Washington, D. C., for appellant.

A. C. Paul, of Minneapolis, Minn., and W. G. Henderson, of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

VAN ORSDEL, Associate Justice.

Appellant opposes the registration by appellee of the trade-mark "Honeymels" for use on candy. The opposer is the prior user of the mark "Buttermels" as a trade-mark for candy.

Unquestionably the words "butter" and "honey," standing alone, are descriptive; but, when joined to the suffix "mels," they are nothing more than suggestive, and are subject to use as valid trade-marks. The suffix "mels," meaning sweets, has had a use...

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