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CAR-FRESHNER CORP. v. S.C. JOHNSON & SON, INC.

Nos. 162, 651, Dockets 95-7478, 95-7538.

70 F.3d 267 (1995)

CAR-FRESHNER CORPORATION, Plaintiff-Appellant Cross-Appellee, v. S.C. JOHNSON & SON, INC., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 22, 1995.

Attorney(s) appearing for the Case

Roberta S. Bren, Arlington, Virginia (Arthur I. Neustadt, and Jonathan Hudis, Oblon, Spivak, McClelland, Maier & Neustadt, Arlington, Virginia, Of Counsel), for Plaintiff-Appellant-Cross-Appellee.

Robert M. Newbury, Chicago, Illinois (Mary E. Innis, Pattishall, McAuliff, Newbury Hilliard & Gerladson, Chicago, Illinois; David E. Peebles, Hancock & Estabrook, Syracuse, New York; Margaret M. Serrano, S.C. Johnson & Son, Inc., Racine, Wisconsin, of counsel), for Defendant-Appellee-Cross-Appellant.

Before: ALTIMARI, McLAUGHLIN and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

This action for trademark infringement involves the principle that the public's right to use language and imagery for descriptive purposes is not defeated by the claims of a trademark owner to exclusivity.

Plaintiff Car-Freshner Corporation sells air fresheners for cars in the shape of a pine tree. Over a number of years, Car-Freshner has sold millions of such pine-tree-shaped fresheners. Its air fresheners are made of flat scented cardboard...

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