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

No. 119.

23 F.2d 490 (1928)

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

Circuit Court of Appeals, Second Circuit.

January 9, 1928.

Attorney(s) appearing for the Case

Murray Corrington, of New York City, for appellant.

Philip Farnsworth, of New York City, for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

Section 5 of the Trade-Mark Act (15 USCA § 85) forbids the registration of a mark which consists "merely in words or devices which are descriptive of the goods with which they are used." The mark at bar has become so descriptive to all those who use vibrators; as to them, therefore, it is not a good mark. The fact that it was used during the existence of the patents gives added force to that conclusion. The plaintiff answers that it has not been shown...

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