The Law of Unfair Business Competition: Including Chapters on Trade Secrets and Confidential Business Relations; Unfair Interference with Contracts; Libel and Slander of Articles of Merchandise, Trade Names, and Business Credit and Reputation
Baker, Voorhis & Company, 1909 - 581 páginas
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The Law of Unfair Business Competition: Including Chapters on Trade Secrets ...
Harry Dwight Nims
Sin vista previa disponible - 2015
acquired action acts actual adopted advertising American appearance applied associated Baker bearing become began bottles brand called carried cause claimed color common complainant confusion connection continued corporation court customers dealer dealing deceive defendant defendant's device distinctive distinguish effect enjoined entitled equity established evidence exclusive exist fact fendant firm fraud fraudulent give given good-will granted ground Held imitation incorporated indicate injunction injury intent interest known labels letters manufactured mark Mass meaning mislead N. Y. Supp necessary original owner packages particular parties pass person plain plaintiff prevent principle protection published purchaser question reason reputation resemblance restrain result Rogers rule sell similar sold Sons term tion trade name trade-mark unfair competition words York
Página 390 - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory Order of the Court in all cases in which it shall appear to the Court to be just or convenient that such Order should be made...
Página 91 - I may so express it, as contrasted with the negative advantage of the late partner not carrying on the business himself — that has been acquired by the old firm in carrying on its business, whether connected with the premises in which the business was previously carried on, or with the name of the late firm, or with any other matter carrying with it the benefit of the business.
Página 402 - suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law.
Página 209 - The essence of the wrong in unfair competition consists in the sale of the goods of one manufacturer or vendor for those of another, and if defendant so conducts its business as not to palm off its goods as those of complainant, the action fails.
Página 6 - That nothing in this Act contained, nor any Proceeding, Conviction, or Judgment to be had or taken thereupon, against any Banker, Merchant, Broker, Factor, Attorney, or other Agent as aforesaid, shall prevent, lessen, or impeach any Remedy at Law or in Equity which any Party aggrieved by any such Offence might or would have had if this Act had not been passed...
Página 53 - But where an alleged trade-mark is not in itself a good trade-mark, yet the use of the word has come to denote the particular manufacturer or vendor, relief against unfair competition or perfidious dealing will be awarded by requiring the use of the word by another to be confined to its primary sense by such limitations as will prevent misapprehension on the question of origin. In the latter class of cases such circumstances . must be made out as will show wrongful intent in fact, or justify that...
Página 355 - But the existence of a bad motive, in the case of an act which is not in itself illegal, will not convert that act into a civil wrong, for which reparation is due. A wrongful act, done knowingly and with a view to its injurious consequences, may, in the sense of law, be malicious ; but such malice derives its essential character from the circumstance that the act done constitutes a violation of the law.
Página 359 - that wherever a man does an act which in law and in fact is a wrongful act, and such an act as may, as a natural and probable consequence of it, produce injury to another, and which in the particular case does produce such an injury, an action on the case will lie.
Página 350 - The other is where a violent or malicious act is done to a man's occupation, profession, or way of getting a livelihood ; there an action lies in all cases.