The Trade-mark Reporter, Volume 7United States Trademark Association, 1917 - Trademarks |
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Common terms and phrases
A. A. Waterman adopted advertising affirmed alleged appellee applicant bill biscuit broaching machine cars cause of action Circuit Court claim CLAY Coca-Cola Commissioner of Patents complainant confusion contract corporate name counsel Court of Appeals court of equity damages deceive decision decree defendant defendant's devices Dictionary District Court diversity of citizenship enjoined entitled equity evidence exclusive right Expansion Bolt fact factured fendant filed fountain pens fraudulent granted Hydrox imitation Imperial Automobile infringement injunction jurisdiction Kilmer label manu manufacture and sell mark Merriam Modern Pen N. Y. Supp opinion original parties person plaintiff prior profits purchasing public question registration restrain Romeike Saxlehner Seagrist secondary meaning Shredded Wheat similar sold stove suit Supreme Court syrup T. M. Rep tion Torrid Zone furnace trade trade-mark trade-name unfair competition Webster's Webster's Dictionary word York City York Supreme Court
Popular passages
Page 247 - any set-off or counterclaim against the plaintiff which might be the subject of an independent suit in equity against him, and such set-off or counterclaim, so set up, shall have the same effect as a cross-suit so as to enable the court to pronounce a final judgment in the same suit both on the original and cross-claims.
Page 543 - The advantage or benefit which is acquired by an establishment, beyond the mere value of the capital stock, funds, or property employed therein, in consequence of the general public patronage and encouragement which it receives from constant or habitual customers on account of its local position or common celebrity.
Page 278 - trademarks which are identical with a registered or known trade-mark owned and in use by another, and appropriated to merchandise of the same descriptive properties, or which so nearly resembles a registered or known trade-mark owned and in use by another, and appropriated to merchandise of the
Page 11 - That no article of imported merchandise which shall copy or simulate the name of any domestic manufacture, or manufacturer or trader, or of any manufacturer or trader located in any foreign country which, by treaty, convention, or law affords similar privileges to citizens of the United States, or which shall copy or simulate a trade-mark registered in accordance with the provisions of
Page 247 - district courts shall have jurisdiction in the district of which the defendant is an inhabitant, or in any district in which the defendant has committed acts of infringement and has a regular and established place of business,
Page 216 - or corporation not written, printed, impressed or woven in some particular or distinctive manner or in association with the portrait of an individual, "or merely in words or devices which are descriptive of the goods with which they are used, or
Page 624 - But although he may thus use his name, he cannot resort to any artifice or do any act calculated to mislead the public as to the identity of the business firm or establishment, or of the article produced by them, and thus produce injury to the other beyond that which results from
Page 625 - But a person is not obliged to abandon the use of his name or to unreasonably restrict it. The question is whether his use is reasonable and honest, or is calculated to deceive. It is a question of evidence in each case whether there is false representation or not.
Page 374 - property in the word, but that it is a fraud on a person who has established a trade and carries it on under a given name that some other person should assume the same name, or the same name with a slight alteration, in such a
Page 282 - to goods of the same descriptive properties, "as to be likely to cause confusion or mistake in the mind of the public or to deceive purchasers.