Looz, Inc. v. Ormont

YANKWICH, Chief Judge.

On May 6, 1947, the plaintiff, an Illinois corporation, began using the trade name of “Looz” in conjunction with a saline cathartic. On August 19, 1948, it applied to the United States Patent Office for its registration as a trade mark. 15 U.S.C.A. § 1051 et seq. It was allowed on December 4, 1951. The mark consisted of four block letters, the end letters being about twice the size of the two center letters. Above the two center letters in the mark is the portrait of a girl in a circle, the circle being shaded on the inside. The statement, as finally allowed, read:

“Looz,…