Good Will, Trade-marks and Unfair TradingA. W. Shaw Company, 1914 - 288 páginas |
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Términos y frases comunes
adopted advertising applied Baker Baker's Chocolate Baking Powder Ben Hur Big Ben Blue Ribbon bottle brand called Camel Hair Belting Candy Cathartic Cascarets Celery Celery Compound cigar Company complainant complainant's consumer court of equity courts custom deal dealer deceive deception defendant defendant's descriptive designated distinctive distinguished Dyspepsia Elgin Elgin National Watch enjoined established fact false representation flour fraud fraudulent friendliness genuine habit Head Beer held identifying imitation infringement injunction iron shovels John Forrest known label maker manufacturer mark matter means of identification merchandise origin package particular patent personal names picture pirate plaintiff Pollack Prince's Metallic producer's proprietor protected recognized registration reputation result retail Root Beer sell shown similar soap sold Star brand statute Tablets thing tion trade name trade-mark unfair competition unfair trading Walter Baker Waltham Waltham Watch Company whiskey words
Pasajes populares
Página 270 - It must be remembered that the common law is the result of growth, and that its development has been determined by the social needs of the community which it governs. It is the resultant of conflicting social forces, and those forces which are for the time dominant leave their impress upon the law. It is of judicial origin, and seeks to establish doctrines and rules for the determination, protection, and enforcement of legal rights. Manifestly, it must change as society changes and new rights are...
Página 57 - Every body continues in its state of rest or of uniform motion in a straight line, except in so far as it may be compelled by impressed forces to change that state.
Página 263 - That is the principle, and the sole principle, on which this court interferes. The court interferes solely for the purpose of protecting the owner of a trade or business from a fraudulent invasion of that business by somebody else. It does not interfere to prevent the world outside from being misled into anything.
Página 148 - Whatever might have been the doubts some years ago, we think that now it is pretty well settled that the plaintiff, merely on the strength of having been first in the field, may put later comers to the trouble of taking such reasonable precautions as are commercially practicable to prevent their lawful names and advertisements from deceitfully diverting the plaintiff's custom.
Página 189 - What do you know about this business?' the King said to Alice. 'Nothing,' said Alice. 'Nothing WHATEVER?' persisted the King. 'Nothing whatever,' said Alice. 'That's very important,' the King said, turning to the jury.
Página 148 - It is desirable that the plaintiff should not lose custom by reason of the public mistaking another manufacturer for it. It is desirable that the defendant should be free to manufacture watches at Waltham, and to tell the world that it does so. The two desiderata cannot both be had to their full extent, and we have to fix the boundaries as best we can. On the one hand, the defendant must be allowed to accomplish its desideratum in some way, whatever the loss to the plaintiff. On the other, we think...
Página 44 - But when the trade-mark is affixed to articles manufactured at a particular establishment and acquires a special reputation in connection with the place of manufacture, and that establishment is transferred either by contract or operation of law to others, the right to the use of a trade-mark may be lawfully transferred with it.
Página 140 - A specific article of approved excellence comes to be known by certain catch-words easily retained in memory, or by a certain picture which the eye readily recognizes. The purchaser is required only to use that care which persons ordinarily exercise under like circumstances. He is not bound to study or reflect; he acts upon the moment. He is without the opportunity of...
Página 270 - The inherent capacity of the common law for growth and change is its most significant feature. Its development has been determined by the social needs of the community which it serves. It is constantly expanding and developing in keeping with advancing civilization and the new conditions and progress of society, and adapting itself to the gradual change of trade, commerce, arts, inventions, and the needs of the country.
Página 230 - But he must not by any deceitful or other practice impose upon the public ; and he must not, by dressing himself in another man's garments, and by assuming another man's name, endeavor to deprive that man of his own individuality, and thus despoil him of the gains to which by his industry and skill he is fairly entitled.