The Law Of Trade Marks Including Trade Names And Unfair Competition PDF Download

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. 1903 edition. Excerpt: ...for the goods of the original maker?" As said in one case: "It is well settled that, while a trademark of a descriptive character cannot be monopolized as such, yet there may be such circumstances that subsequent users are bound to distinguish their merchandise, and may be re strained unless they couple with the use of the generic name some caution suitable to guard the public from confusing the sources of production. In the case at bar it is alleged in the bill on this point that the respondents had put up their product in pint bottles identically the same in shape and color as those used by, the complainant, and had also used white labels, as does also the complainant. These are the only particulars as to which the bill describes simulation. The bottles of the complainant, however, are common pint bottles, in use everywhere, and the exhibits produced to the court do not show labels whose color would be mistaken by the ordinary public as that of the white ones in use by the complainant. The complainant has throughout used on his label a picture of Mount Ararat, being, for the eye of the purchaser, the most prominent feature which it contains. This was omitted by the respondents in their labels. Not only in this respect, but in others, theirs are distinguished in such marked manner from those of the complainant that, as we have already said, the public has a reasonable warning of the difference in the sources of production, although, as we have suggested, the article itself has been so long exclusively combined in the public mind with the complainant that little less than personal explanations would in many cases prevent the purchaser from deceiving himself. All that can be claimed of the respondents in this particular is that...