The Warner Brothers Company v. Jantzen, Inc.

The plaintiff asks too much in seeking a private monopoly in the common word “allure” as applied to certain articles of feminine adornment and apparel. As the court found on competent evidence, this word or coined words derived therefrom “have, for a long period of years, been utilized as advertising for various types of feminine accoutrements such as girdles, bust pads, hosiery, swim suits, coats, sweaters, dresses, skirts, undergarments and the like, by both the de-

fendant and other manufacturers.” 150 F.Supp. 531, 533. Plaintiff relies on a trade-mark registered in 1932-33, but even then…