Thermogene Co. v. Thermozine Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Bill by the Thermogene Company, Limited, against the Thermozine Company, Incorporated. From a decree (225 -Fed. 446) dismissing the bill, complainant appeals. On appeal by the complainant from a final decree dismissing the complaint which alleges infringement of the complainant’s trade-mark “Thermogene.”
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Appeal from the District Court of the United States for the Southern District of New York. Bill by the Thermogene Company, Limited, against the Thermozine Company, Incorporated. From a decree (225 -Fed. 446) dismissing the bill, complainant appeals. On appeal by the complainant from a final decree dismissing the complaint which alleges infringement of the complainant’s trade-mark “Thermogene.” Judge Augustus N. Hand held that the word “ther-mogene” is not arbitrary or fanciful, but is a descriptive term and is, therefore, not the subject of a trade-mark. (D. C.) 225 Fed. 446.
1Opinion of the Court
COXE, Circuit Judge.
The word “thermogen” is an English word derived from the Greek and is practically synonymous with the word “caloric.” It means to bring forth heat. Either of these words could be used by the parties to this controversy in describing its wares. This being so, it seems contrary to reason to assert that the addition of the final “e” so changes the word “thermogen” that it may be monopolized by an individual or a corporation to designate a particular line of merchandise. It is the same word whether we adopt the French spelling “tliermogene” or the English spelling “thermogen.”…
2Cases cited1 opinion
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
3Cited by9 opinions
- Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941
- Franklin Knitting Mills, Inc. v. Fashionit Sweater Mills, Inc.District Court, S.D. New York · 1923
- Hercules Powder Co. v. NewtonCourt of Appeals for the Second Circuit · 1920
- In Re Northern Paper MillsCourt of Customs and Patent Appeals · 1933
- Oakland Chemical Co. v. BookmanCourt of Appeals for the Second Circuit · 1927
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