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Full-Text Articles in Law
Trademarks-Unfair Competition-Scope Of Federal Jurisdiction Under Section 43(A) Of The Lanham Act, Harry T. Edwards
Trademarks-Unfair Competition-Scope Of Federal Jurisdiction Under Section 43(A) Of The Lanham Act, Harry T. Edwards
Michigan Law Review
Plaintiff, a manufacturer and distributor of engine bearings and connecting rods for internal combustion engines, brought suit in a federal district court to enjoin the defendant from marketing and distributing the latter's products in containers which closely resembled those of the plaintiff, thereby falsely representing that the goods were produced by and originated with the plaintiff. The cause of action was based solely on section 43(a) of the Lanham Act. In dismissing the complaint, the district court ruled that any attempt to characterize the complaint as charging a "false description or representation" was without merit, and that "false designation of …
Trademarks - Extraterritorial Application Of The Lanham Act, William R. Luney S.Ed.
Trademarks - Extraterritorial Application Of The Lanham Act, William R. Luney S.Ed.
Michigan Law Review
Plaintiff, an American corporation, had manufactured and sold women's undergarments in the United States and Canada since 1917, under a U.S. registered trademark, "Vanity Fair." Defendant, a Canadian corporation, had registered the same trademark in Canada in 1915, and for this reason plaintiff's application for a Canadian trademark was denied in 1919. From 1945 to 1953, defendant purchased plaintiff's trademarked goods for resale in Canada. In 1953, defendant began selling goods of Canadian manufacture with its own Vanity Fair trademark, and threatened its competitors in Canada with infringement suits if they continued to sell plaintiff's trademarked goods. In an action …
Woe Unto You Trade-Mark Owners, Julius R. Lunsford, Jr.
Woe Unto You Trade-Mark Owners, Julius R. Lunsford, Jr.
Michigan Law Review
THE new Trade-Mark Act,1 widely heralded as giving added protection to trade-mark owners, has in its nearly four years of operation resulted, in several spectacular instances, in narrowing the rights conferred by the registration and use of trade-marks. Text author Rudolph Callmann remarked after the act's first birthday: "Despite all the efforts of the bar, our courts still cling to the familiar anachronisms."2 Where do trade-mark owners stand today? The Supreme Court has to date failed to answer this question, and the federal courts have refused to consider the import of the new legislation. Many commentators, attorneys and scholars thought …
Corporations-Where Name Of New Corporation Is The Existing Trade Name Of Another, Robert M. Barton S. Ed.
Corporations-Where Name Of New Corporation Is The Existing Trade Name Of Another, Robert M. Barton S. Ed.
Michigan Law Review
In 1928 plaintiff changed its official corporate name from the "City Fuel Company" to the "Staples Coal Company," but continued to utilize the old corporate name as a trade name in advertising and the retail sale of fuel oil. It made little, if any, use of the new title, since the general public was accustomed to dealing with it under the name it had used for seventeen years. Defendant was incorporated in 1943 as the "City Fuel Company" and began to engage in a similar business in the same general trade area of greater Boston. Plaintiff, fearing deception of the …
Equity - Clean Hands Doctrine - Tradename Infringement - Relief Awarded On Condition That Complainant Cleanse His Hands, Craig E. Davids
Equity - Clean Hands Doctrine - Tradename Infringement - Relief Awarded On Condition That Complainant Cleanse His Hands, Craig E. Davids
Michigan Law Review
For twenty-six years complainant conducted a tailor shop under the name, "Dundee Woolen Mills, Custom Tailors." On the front of the store was the slogan "No Middle Man's Profit," though the shop was neither owned by a woolen mill nor conducted in any manner that eliminated the usual middle man's profit. Defendant for many years operated a nation-wide chain of ready-to-wear stores under the name "Dundee Clothes" and eventually opened an establishment in complainant's locality. Suit was filed in equity to enjoin the defendant from using "Dundee" in his business. The lower court decided that though complainant had come into …
Trade Marks And Trade Names -- Injunction Against Non-Competitors, John C. Griffin
Trade Marks And Trade Names -- Injunction Against Non-Competitors, John C. Griffin
Michigan Law Review
Plaintiff, Hugo Stein, began business in 1906 as Hugo Stein Cloak Company. Starting in the same year, defendant, S. B. Stein, continuously transacted a jewelry business variously as an individual, a partnership and finally, since 1931, as a corporation. Immediately prior to defendant's incorporation, plaintiff moved to within four doors of defendant. Plaintiff for thirty years consistently advertised as "Stein's," while defendant never did so, at least without additional description, until 1936, at which time it changed its store front and newspaper advertisements to correspond to plaintiff's. There was evidence that numerous people inquired at plaintiff's for jewelry. Held, …
Trade - Marks And Trade Names - Effect Of Word - Mark Acquiring A Descriptive Connotation, Grover C. Grismore
Trade - Marks And Trade Names - Effect Of Word - Mark Acquiring A Descriptive Connotation, Grover C. Grismore
Michigan Law Review
One of the principal stumbling blocks in the way of the development of a consistent and satisfactory theory of trade-mark protection has been the anomalous distinction that has always been made between the so-called technical or common-law trade-mark, and the non-technical mark or tradename. This distinction, as has been pointed out previously in this Review, grew somewhat accidentally out of the supposed limitations on the jurisdiction of equity. Some of the earliest trade-mark cases proceeded on the theory that to justify the intervention of a court of equity, when the defendant was not shown to have been guilty of …
Trade Marks And Trade Names - Mark Used On Patented Article - Effect Of Expiration Of Patent, William J. Isaacson
Trade Marks And Trade Names - Mark Used On Patented Article - Effect Of Expiration Of Patent, William J. Isaacson
Michigan Law Review
P company had distributed patented razor-blades marked Enders, and, upon the expiration of its patent, registered the word as a trade mark. It also used the term Keen-Kutter, as part of its mark, but the use of this term on other goods antedated the patent by several years. P now seeks to enjoin the D company from using either term as part of its trademark. Held, (1) the word Enders having become descriptively designative of this type of razor and blade, D was entitled to use it upon expiration of P's patent; (2) as to Keen-Kutter …
Federal Practice -Jurisdiction Over Non-Federal Questions - Meaning Of Cause Of Action
Federal Practice -Jurisdiction Over Non-Federal Questions - Meaning Of Cause Of Action
Michigan Law Review
Petitioners brought suit in a federal court to enjoin the respondents from publicly producing a play, alleging that it infringed a copyrighted play of the petitioners and that it would also constitute unfair competition. The parties were citizens of the same State. After considering the claim of infringement on its merits, the court held that, although there was no infringement threatened, the jurisdiction acquired by reason of that federal question might be retained to consider the issue of unfair competition. Hurn v. Oursler, 289 U.S. 238, 53 Sup. Ct. 586 (1933).
Protection Of Industrial Property, Edward S. Rogers
Protection Of Industrial Property, Edward S. Rogers
Michigan Law Review
It is perhaps too much to attempt a discussion of the origin and history of the common law in an introductory note like this. Suffice it to say that the common law is unwritten and is an inheritance from the English colonists who brought it to North America from England. The common law is the law of the several states. In the United States there is no national common law.