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OAKLAND CHEMICAL CO. v. BOOKMAN

No. 166.

22 F.2d 930 (1927)

OAKLAND CHEMICAL CO. v. BOOKMAN.

Circuit Court of Appeals, Second Circuit.

December 5, 1927.

Attorney(s) appearing for the Case

Lanier McKee, of New York City, for appellant.

Bennett I. Schlessel, of New York City, for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge (after stating the facts as above).

As to validity, the question is whether the mark was "descriptive," or only "suggestive," of the goods sold. A "descriptive" mark is bad for two reasons: First, because it does not in fact advise the public that the goods come from a "single source" (Coca-Cola v. Koke Co., 254 U.S. 143, 146, 41 S.Ct. 113, 65 L. Ed. 189); second, because, if it did, since the word describes the...

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