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JAMES HEDDON'S SONS v. COE

No. 8758.

146 F.2d 865 (1945)

JAMES HEDDON'S SONS v. COE, Commissioner of Patents.

United States Court of Appeals District of Columbia.

Decided January 15, 1945.

Attorney(s) appearing for the Case

Mr. Ephraim Banning, of Chicago, Ill., with whom Mr. A. Yates Dowell, of Washington, D. C., was on the brief, for appellant.

Mr. E. L. Reynolds, of Washington, D. C., with whom Mr. W. W. Cochran, Solicitor, United States Patent Office, of Washington, D. C., was on the brief, for appellee.

Before MILLER, EDGERTON and ARNOLD, Associate Justices.

ARNOLD, Associate Justice.

Appellant seeks registration as a trade-mark for a herringbone design stamped or painted on the artificial plugs and casting baits which it manufactures and sells to fishermen. The design does more than identify the maker of the product. It makes the bait appear to have a skeleton and thus gives it a fishy appearance in spite of the fact that it does not resemble any existing fish. Furthermore, it is modified and adapted on various shapes...

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