Ginter v. Kinney Tobacco Co.

So far as appears upon this motion the term “straight cut,” as applied to cigarettes, is a term descriptive of the ingredients and characteristics of the article, and therefore the complainant cannot appropriate it as a trade-mark and enjoin the defendants from advertising their article as “straight-cut cigarettes.”

In the preparation of smoking tobacco several different processes of cutting the leaf are employed, and the product is designated by the term, which describes the particular process which it has undergone, such as straight cut, curly cut, long cut, and fine cut. “Straight cut”…