James Heddon's Sons v. Coe

ARNOLD, Associate Justice.

Appellant seeks registration as a trademark for a herringbone design stamped or painted on the artificial plugs and casting baits which it manufactures and sells to fishermen. The design does more than identify the maker of the product. It makes the bait appear to have a skeleton and thus gives it a fishy appearance in spite of the fact that it does not resemble any existing fish. Furthermore, it is modified and adapted on various shapes of artificial bait in order to add to their attractiveness.

The court below found that the mark suggested the bone structure of a…