Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-Mark and Copyright Cases (Volume 150-161)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911. Excerpt: ... or that complainant had sustained damage. The cause proceeded solely on complainant's ownership of its technical trade-mark. The circuit court held that defendant's trade-mark or brand was clearly distinguishable from that of complainant, and said: There is no reasonable probability of the ordinary purchaser being deceived Into buying the defendant's manufacture as that of complainant. The rule is well established that a trade-mark, word or symbol has the elements of a property-right and may not be unlawfully used by a rival In business either alone or as an accessory to such prior appropriation and In such cases a right to Injunctive relief follows without proof of confusion of proprietorship or that buyers have been actually misled by such use. But if a defendant's design or symbol is essentially different and distinguishable In appearance so that by no possibility can his article be taken for complainant's genuine production, a cause of unlawful appropriation Is not maintainable. (163 Fed. Rep., 44.) The bill was thereupon dismissed, and having been taken by appeal to the United States Circuit Court of Appeals for the Second Circuit, the decree below was affirmed. (163 Fed. Rep., 42.) Appellants thereupon petitioned for an appeal to this Court, which was allowed. Sections 17 and 18 of the act of Congress approved February 20, 1905, in respect to trade-marks, reads as follows: Sec. 17. That the circuit and territorial courts of the United States and the Supreme Court of the District of Columbia shall hare original jurisdiction, and the circuit courts of appeal of the United States and the Court of Appeals of the District of Columbia shall have appellate jurisdiction of all suits at law or in equity respecting trade-marks registered in accordance with th...