American Trade Mark Cases; A Compilation of All the Reported Trade Mark Cases Decided in the American Courts Prior to the Year 1871. with an Appendix Containing the Leading English Cases and the United States ACT in Relation to the

American Trade Mark Cases; A Compilation of All the Reported Trade Mark Cases Decided in the American Courts Prior to the Year 1871. with an Appendix Containing the Leading English Cases and the United States ACT in Relation to the

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ...One of them testified merely that he advertised in some of the principal or leading papers; this being the only advertising, it was not prima facie evidence that the defendants had seen such notices, as it can hardly be presumed that every man reads all the newspapers. Without this presumption of knowledge by the defendants of the advertisements, there is no evidence to sustain bad faith on their part, and the evidence of one witness tends to show good faith. For this reason alone I think there ought be a new trial, as the question of good faith is vital to the plaintiffs' right to interfere, particularly in a case of this kind where the word used by the defendants was appropriated to the article sold, was formed by a French chemist according to the analogies of the French language, and without knowledge of the plaintiffs' trade mark. There appears, besides, to be an addition to the use of the word Cocoine in the defendants' labels, besides the diaeresis over the " i," which should protect them either altogether or else in some degree from the charge of bad faith; the labels exhibited, and it is so charged in the complaint, have the name of the defendants' firm prefixed to that title, thus showing the origin of the article sold, and this, in several cases, cited in Corwin v. Da/y, ubi supra, has been held sufiicient, unless some device is used to prevent its being noticed by the public. The value of such an addition, in notifying the public as to the real manufacturer of the article sold, can be better determinedon a new trial by inspection. No notice seems to have been taken of it on the former one. The judgment should, therefore, be reversed, and a new trial had, with costs to abide the event. From...show more

Product details

  • Paperback | 270 pages
  • 189 x 246 x 14mm | 485g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236986512
  • 9781236986511