Pro-Phy-Lac-Tic Brush Co. v. Abraham & Straus, Inc.

INCH, District Judge.

Plaintiff seeks an injunction against the use, by defendant, of the word “Prophylactic.”

Plaintiff claims that the word “Prophylactic” itself is not well known and when used is descriptively used as an adjective. That a trade-mark in such a word can exist only when it has acquired a secondary meaning. That in the case of plaintiff it has obtained such meaning but not in the case of defendant. That defendant cannot rely on registrations of this trademark for tooth powder. That even if the trade-mark is good, the title is defective. That defendant’s vendor and defendant have…