LECTROETCH COMPANY v. ELECTROMARK CORP.

Civ. No. 33370.

149 F.Supp. 647 (1957)

The LECTROETCH COMPANY, Plaintiff, v. The ELECTROMARK CORP., Defendant.

United States District Court N. D. Ohio, E. D.

March 6, 1957.


Attorney(s) appearing for the Case

Edwin E. Donnelly, Jr., Oberlin & Limbach, Cleveland, Ohio, for plaintiff.

Bruce B. Krost, Woodling & Krost, Cleveland, Ohio, for defendant.


PAUL JONES, Chief Judge.

Defendant moves the court for orders dismissing the first and third causes of action.

If a commercial organization chooses to adopt as its emblem a term descriptive of the function of a product of the firm, then such organization should not complain if its competitors adopt names equally descriptive. A generic term cannot be monopolized, and "Lectro" and "Electro" are generic terms. They describe the means by which articles are marked...

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