A Digest of the Law of Trade-Marks and Unfair Trade

A Digest of the Law of Trade-Marks and Unfair Trade

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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. 1906 edition. Excerpt: ...and color of the bottle, the shield, and the general appearance of the label, are well and designedly adapted to deceive the ordinary purchaser, in the ordinary course of purchasing the article in a small quantity for immediate use." Myers v. Theller, 38 Fed. R. 607, 610. 'A., a manufacturer, put up awls in a distinctive package consist-. ing of a bronze-colored box having a brown label on the top, and on one side printed inscriptions, and tied with an orange string. Ten years after A. began the use of this package, which use, though small at first, increased largely the last two years, B., a manufacturer of awls, began to use a box indistinguishable in every particular, even to the words of the inscription, and the size and shape oftype, except that at the bottom, in letters and arrangement as nearly like A.'s as possible, instead of " Manufactured & Warranted by New England Awl & Needle Co., West Medway, Mass.," the label read, "Manufactured for United States Awl & Needle Co., New York." Held, A. could maintain bill to restrain B. And this, although the judge below found that defendant didnot intend to deceive, for an inspection of the boxes makes it plain that the public would not distinguish them. N. E. Awl & Needle Co. v. Marlborough Awl & Needle Co., 168 Mass. 154. Respondent on appeal enjoined from using a red label with clipped corners, bearing on the face in white two circles with intersecting lines, and words " Factory Seal," substantially like label of complainant, of same shade of red, clipped corners, bearing an ellipse with intersecting lines and words " In-er Seal" in white, used on cracker boxes of same size. Ohio Baking Co. v. Natl. Biscuit...show more

Product details

  • Paperback | 152 pages
  • 189 x 246 x 8mm | 286g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236806336
  • 9781236806338