James Heddon's Sons v. Coe

LUHRING, Justice.

Pursuant to R.S. § 4915, 35 U.S.C.A. § 63, the plaintiff seeks to have the court authorize the registration of a trade-mark adopted by the plaintiff in connection with its fish baits.

As originally filed on the 15th day of July, 1939, the application stated: “The trade-mark is applied or affixed directly to the lures and also to the boxes in which such lures are contained.” The Examiner refused registration on the ground that the mark was “descriptive and when directly applied to applicant’s goods (fish lures) as a simulation of the ribs of a fish it fails to function as a…