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WARNER BROTHERS COMPANY v. JANTZEN, INC.

No. 42, Docket 24567.

249 F.2d 353 (1957)

The WARNER BROTHERS COMPANY, Plaintiff-Appellant, v. JANTZEN, Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 12, 1957.

Attorney(s) appearing for the Case

Harry R. Pugh, Jr., New York City (E. Cummings Sanborn and Donald E. Degling, New York City, on the brief), for plaintiff-appellant.

Harry Cohen, of Levisohn, Niner & Cohen, New York City (Edwin Levisohn, of Levisohn, Niner & Cohen, New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and LUMBARD and MOORE, Circuit Judges.

PER CURIAM.

The plaintiff asks too much in seeking a private monopoly in the common word "allure" as applied to certain articles of feminine adornment and apparel. As the court found on competent evidence, this word or coined words derived therefrom "have, for a long period of years, been utilized as advertising for various types of feminine accoutrements such as girdles, bust pads, hosiery, swim suits, coats, sweaters, dresses, skirts, undergarments and the like...

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