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

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Baker, Voorhis & Company, 1909 - 581 páginas
 

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Attitude of equity courts toward personal wrongs
37
What is infringement
40
Acts contributory to unfair acts
41
CHAPTER II
42
CHAPTER III
70
CHAPTER IV
89
CHAPTER V
95
defendants name
130
CHAPTER VII
163
Phrases such as Formerly with and Successor to etc
181
Signs
183
Street addresses etc
186
Use of suffix Co etc 94 Names of newspapers and magazines
188
Names of plays books textbooks
193
CHAPTER VIII
197
Foreign and domestic corporations rights of as to name
200
Right to name on dissolution
201
Names of charitable corporations
202
Names of fraternal societies
204
Affirmative duty to differentiate in choosing corporate names 103 Priority in time of use of a name is ground for injunction
215
Use of term works company etc by a concern not in corporated
216
Outgoing stockholders and employees
217
False or misleading use of corporate names
221
Names of unincorporated societies clubs etc
223
Similarity of corporate names what is
224
CHAPTER IX
226
Association of the name and the locality must be close
231
Universal knowledge of user not required
233
Length of user necessary to acquire secondary meaning
235
Secondary meaning acquired in one kind of business is not applicable to others
236
Relative location of plants of rivals Effect on names
239
Power of equity to limit use of the name of a locality to those doing business in that locality
241
Effect of moving a plant or business
244
Names of natural products
245
Geographic names which indicate a process of manufacture
247
Geographic names may be arbitrarily adopted as trade names
252
Such use must be fair and truthful
254
Geographic names which indicate quality
256
CHAPTER X
260
Names descriptive of construction necessary to an article
261
Unfamiliar or scientific words used as names of goods
263
Artificial or madeup words
264
Use of identically the same name by competitors
265
Names appearing to the eye as similar
267
Names idem sonans
269
Foreign words as names of goods
274
Abbreviation of names of goods Nicknames
275
Names having double meaning
276
Numerals and letters as names of goods 141 Numerals and letters used to designate grade of goods
278
Numerals indicating source or origin
280
Initials as names of goods
281
Numerals used to designate series 2
282
CHAPTER XI
284
Copying distinguishing features as a whole
286
Copying whole article making a facsimile
287
Copying a single feature or part
293
Making repair parts for articles manufactured by others
294
Copying articles on which patents have expired
298
Copying the color of goods
303
CHAPTER XII
305
Degree of similarity calculated to deceive
307
Mere diversity of color not a controlling feature
308
Wrappers cartons etc
321
Copying bottles used by competitor
322
Refilling containers that have been once used
323
Substitution and selling of inferior goods in dress of goods of a higher grade
327
Getup of wagons buildings etc
328
Labels
330
Labels not registered or copyrighted are protected
331
Kinds of labels
332
Cases involving no similarity in name but a resemblance in general appearance amounting to unfair competition VI Cases not involving names in whi...
333
176
347
business
349
Malice
354
Interference with business generally
358
Interference with contracts by third person enjoined
360
Interference with contracts with servants
363
Lumley v Gye and later cases
364
Causing breach of contracts for furnishing information
366
Causing breach of passengers contract with transportation companies
367
Summary
368
What constitutes interference with contract
369
CHAPTER XIV
388
Circulars giving notice of pendency of suit for unfair compe
411
CHAPTER XV
418
Disclosure of a secret in court
424
Violation of contract of employment by betrayal of secrets
425
Employees are bound by implied contract not to disclose secrets
430
Title to secrets discovered by employee as a part of his work
432
Unlawful secrets
435
Danger of injury to plaintiff by defendants disclosures must exist
436
Name of a jobber from whom goods are bought may be a trade secret
437
List of customers is secret property No one may canvass them except the owner of the list
438
Letters may be secrets
440
CHAPTER XVI
441
Parties
443
Injunctions before any act committed Bills in nature of quia timet sorrrrrr
445
Preliminary injunctions
446
Temporary relief pending trial
448
Injunctions against libel and slander of goods and names
450
The court does not pass upon measures adopted by the defend ant to correct his unfair acts
452
Decree correcting a confusing use of names and signs
453
Injunctions against use of family names scope of
454
Injunction against the use of the name of an expartner or former member of a corporation or owner of a patent
456
Domages and accounting for profits
457
Election of remedy by plaintiff
458
Exemplary damages
459
Deduction of defendants expenses from profits
460
The defense that the plaintiff and defendant are not in compe
463
Continuing use of name of predecessor
491
Misrepresentation as to unessential details
492
Misrepresentations implying claim of monopoly Use of term Patented
494
Misrepresentation by use of term Copyrighted or Regis tered
496
Misrepresentation by laudatory expressions and exaggerated 277 Miscellaneous cases of misrepresentation deemed harmless
498
Claiming falsely to be a corporation
502
Use of term Established in
503
Kinds of laches
505
Laches in the sense of mere delay
506
First user of mark may revoke license implied from laches
508
No presumption of acquiescence arises from an exclusive right
509
Laches may bar right to order for destruction of offending goods
511
Acquiescence in the sense of inaction upon which others have a right to reply
512
Test by which to determine acquiescence
514

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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.
Página 351 - Now, intentionally to do that which is calculated, in the ordinary course of events to damage, and which does, in fact, damage another in that other person's property or trade, is actionable if done without just cause or excuse.

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