Bulletin of the United States Trade-Mark Association Volume 7

Bulletin of the United States Trade-Mark Association Volume 7

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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. 1911 edition. Excerpt: ... very evident. Giving, therefore, all due respect to the decisions of the courts, securing to every individual the right to use his own name, it would seem that a situation such as this can not be adequately met, without requiring of the later user of the name a larger measure of precaution than has ordinarily been imposed, in cases of this character. It is true that, for such cases of passing off, a suit always lies against the immediate offender; but when the bringing of such suits can be made the cause of a plausible action to enjoin them, the sufficiency of the protection enjoyed by the bearer of a proper name, made famous in commerce by his efforts, is open to some question. (1) (1) Chapman v. L. E. Waterman Co., N. Y. Law Journal, March 21, 1911. ' TI-IE CHARTREUSE TRADE-MARK IN THE SUPREME COURT In the year 1873, Mr. William H. Browne, in his work on Trade-Marks, said of the Chartreuse trade-mark, "that single word contains a long history of strife." The vicissitudes of fortune that have followed the mark during the last ten years have made this statement true, in a much greater degree than before. It can be said with assurance today that the mark is the most litigated trade-mark in the history of commerce. Within six years, we have reported twenty-four decisions of the tribunals of various countries, before which the title to the trade-mark or the right to its use have come into question. (1) The United States supreme court has just handed down its decision, in review of that of the circuit court of appeals, reported in the Bulletin of September, I908 (Vol. IV, p. 225). As has uniformly been the case in the litigation affecting the title to this mark, the Carthusian Monks have successfully asserted their right to the...
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Product details

  • Paperback | 126 pages
  • 189 x 246 x 7mm | 240g
  • United States
  • English
  • black & white illustrations
  • 1236934407
  • 9781236934406