Electro-Silicon Co. v. Levy

Vast Vorst, J.—

The plaintiff can have no exclusive right to the use of the word “ silicon,” which is one in common use, and is reasonably, in so far as the substance of this powder is concerned, descriptive. Perhaps it is not technically accurate to call the “ infusorial earth,” used by these parties to produce the powder, and which is found in various parts of the globe in a natural state, “ silicon.” Silicon largely predominates, but the product itself is silicon plus oxygen. The plaintiff however, in its description of the article printed on its boxes, says it has been “ ascertained by…