The Law of Unfair Trade; Including Trade-Marks, Trade Secrets, and Good-Will

The Law of Unfair Trade; Including Trade-Marks, Trade Secrets, and Good-Will

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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. 1900 edition. Excerpt: ...flatly upon the defendant's fraudulent competition. The practical difficulty in the way of constructing a trade-mark from numerals alone is that the defendant could always find a multiplicity of excuses for selecting the same numerals, and the cases indicate that the courts grant ample protection to their use as against their fraudulent imitation.1 Even where numerals were originally indicative of origin and ownership, if they have come to be used to indicate quality, any one having the right to make or sell the article in connection wherewith such numerals are so used may designate the article by the numerals.2 In regard to letters, standing alone or in initial combinations, the English courts have from an early period treated them as trade-marks,8 although it appears that under the English act of 1875, 38 and 39 Vict., c. 91, Vice-Chancel lor Hall has held a single letter cannot be registered as a trade-mark.' The use of a single letter would appear to be at least unsafe, although it might in the United States be re garded as a trade-mark; and Judge Bradford in a recent opinion suggests that a single letter or figure may be "so peculiar and unusual in form or ornamentation" as to be a valid trade-mark.1 Combinations of letters, used as initials, have been frequently approved as trade-marks in the American decisions,2 and in the case of Amoskeag Mfg. Co. v. Trainer," in the federal supreme court, the decision, which held the letters "A C A" were not a valid trade-mark, was based upon the theory that those letters as used by the complainant were indicative of quality, and not of origin or ownership, as Judge Coxe has pointed out.' There can scarcely be a doubt that both numerals and letters...
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Product details

  • Paperback | 160 pages
  • 189 x 246 x 9mm | 299g
  • United States
  • English
  • black & white illustrations
  • 1236759516
  • 9781236759511