Florence Mfg. Co. v. J. C. Dowd & Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Suit by the Florence Manufacturing Company against J. C. Dowd & Co. for infringement of complainant’s registered trade-mark “Keep-clean” as applied to brushes, and for alleged unfair competition in the use of the words “Sta-Kleen” as applied to brushes, and also by simulating complainant’s boxes and labels and imitating generally complainant’s manner of dressing its goods.
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Appeal from the Circuit Court of the United States for the Southern District of New York. Suit by the Florence Manufacturing Company against J. C. Dowd & Co. for infringement of complainant’s registered trade-mark “Keep-clean” as applied to brushes, and for alleged unfair competition in the use of the words “Sta-Kleen” as applied to brushes, and also by simulating complainant’s boxes and labels and imitating generally complainant’s manner of dressing its goods. From a decree for defendant, complainant appeals.
1Opinion of the Court
COXE, Circuit Judge.
We agree with the Circuit Court in thinking that the word “Keepclean,” as applied to tooth brushes, is descriptive merely and is therefore not the subject of a valid trade-mark. If the 'distinguishing feature of the brush, which its owner desires to emphasize, is its capacity for keeping clean, he could hardly find any different words in which to convey his meaning.
It will probably be conceded that the adjective “clean” cannot be appropriated as a trade-mark to designate a particular line of goods, no matter how free from dirt they may be. If they have the characteristic…
2Cases cited4 opinions
- Trinidad Asphalt Mfg. Co. v. Standard Paint Co.Court of Appeals for the Eighth Circuit · 1908
- Holeproof Hosiery Co. v. Wallach Bros.Court of Appeals for the Second Circuit · 1909
- American Tobacco Co. v. PolacsekU.S. Circuit Court for the District of Southern New York · 1909
- Holeproof Hosiery Co. v. FittsU.S. Circuit Court for the District of New Jersey · 1908
3Cited by184 opinions
- Christ Clomon v. Philip D. JacksonCourt of Appeals for the Second Circuit · 1993
- John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
- Diane Jeter v. Credit Bureau, Inc.Court of Appeals for the Eleventh Circuit · 1985
- Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
- Chevron Chemical Company, a Delaware Corporation v. Voluntary Purchasing Groups, Inc., a Texas Corporation, and Hi-Yield Chemical Co.Court of Appeals for the Fifth Circuit · 1981
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