The Trade-mark Reporter, Volume 4United States Trademark Association, 1914 - Trademarks |
Contents
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Common terms and phrases
Abricotine acetylene action adopted advertising affirmed alleged appellee application bill boxes cartons Chickering cigar circuit court claim Coca-Cola color commissioner of patents Company complainant complainant's confusion connection corporate name court of appeals court of equity damages dealers deceive deception decision decree defendant defendant's descriptive properties dismissed district court Elburn enjoined entitled equity evidence examiner exclusive fact facture fendant filed Guth Havoline held Horlick's imitation infringement injunction Knabe Kurtzmann label Malted Milk manufacture mark consisting notice of opposition opinion original packages parties patent office pianos plaintiff Prest-O-Lite tanks prior protection purchaser question registration Reporter res adjudicata Reynolds & Reynolds Searchlight gas sell similar Singer Mfg sold statute suit technical trade-mark ten-year clause term testimony thereof tion trade trade-mark act trade-name underwear unfair competition United valid trade-mark Valvoline William Knabe word World's Columbian Exposition York City
Popular passages
Page 553 - as to the state, territory, or country in which it is manufactured or produced. That for the purposes of this act an article shall also be deemed to be misbranded. . . . First, if it be an imitation of or offered for sale under the name of another article.
Page 180 - And provided further, that nothing herein shall prevent the registration of any trade-mark used by the applicant or his predecessors, or by those from whom title to the trademark is derived, in commerce with foreign nations or among the several States or with Indian tribes, which was in actual
Page 63 - or by those from whom title to the mark is derived, in commerce with foreign nations or among the several states, or with Indian tribes, which was in actual and exclusive use as a trade-mark of the applicant or his predecessors from whom he derived title for ten years next preceding the passage of this act.
Page 208 - private mark appearing in any way thereon, or branded stamped, affixed, blown or impressed thereon, may file in the office of the Secretary of State, and in the office of the county clerk of the county where the same is manufactured,
Page 35 - in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered. (Cromwell v. County of Sac, 94 US, 351;)
Page 382 - is coextensive with the subject on which it acts and cannot be stopped at the external boundary of a state, but must enter its interior and must be capable of authorizing the disposition of those articles which it introduces, so that they may become mingled with the common mass of property within the territory entered
Page 381 - The fact that an article is manufactured for export to another state does not of itself make it an article of interstate commerce, and the intent of the manufacturer does not determine the time when the article or product passes from the control of the state and belongs to commerce
Page 62 - Nothing in this act shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trade-mark might have had if the provisions of this act had not been passed.
Page 179 - Sec. 5. That no mark by which the goods of the owner of the mark may be distinguished from other goods of the same class shall be refused registration as a trade-mark on account of the nature of such mark unless such mark— "(a) Consists of or comprises immoral or scandalous matter;
Page 164 - Provided, that no mark which consists merely in the name of an individual, firm, corporation, or association, not written, printed, impressed, or woven in some particular or distinctive manner or in association with a portrait of the individual . . . shall be registered under the terms of this act.