The Trade-Mark Reporter (Volume 4)

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. 1914. Excerpt: ... and use, just as in the case of a primary name. There is such a thing as a name having acquired a secondary meaning. El1/in National ll'atch Co. v. Illinois Watch Case Co., 179 U. S., 665; 21 Sup. Ct., 270; 45 L. Ed., 365; Bates Mfg. Co. v. Bates Numbering Machine Co. (C. C.), 172 Fed., 892. But the facts in this case do not call for an application of that rule. The relief sought here is the prohibition of the use of a name that the defendants have neither adopted nor used. There is nothing to show that the defendants were using the name for the purpose of selling the beverage manufactured by them for Coca-Cola. The temporary restraining order will be dissolved, and the plaintiff's bill dismissed. Guth Chocolate Company v. Charles G. Guth. (215 Fed. Rep., 75o.) District of Maryland, June 2, 1914. 1. Surnames As Trade-marks. Exclusive use of a surname as a trade-mark cannot be claimed, even by one whose goods have acquired a valuable reputation in connection with his name. Use of the surname by others of the same name will be allowed, however, only if it be so employed as to avoid confusion of the public. 2. Surnames--Contracts Of Sale As Trade-names. Where a man's name has received a secondary meaning through use on goods manufactured by him, a contract for the sale of the exclusive use of his name in connection with the sale of the business is enforcible, if evidence clearly shows the making of such a contract. 3. Surnames As Trade-marks--Effect Of Sale. Where a manufacturer conveys the right to the use of his name as a trade-mark, he conveys merely the exclusive right to affix or attach that name to goods or to their containers, because the uses indicated are the only means of acquiring trade-mark rights. Hence he does not estop himself from using his n...