Law Commons^™

Trade Marks--Assignability In Gross, Joseph N. Morency, Jr.

Michigan Law Review

After using the name "Mother Parker" in connection with a biscuit mix manufactured in Brooklyn, plaintiff, Heloise Parker Broeg, in 1934 opened a bakery in Boston under the name "Mother Parker's Cupboard." She operated this store and another in the same area until 1939, selling a line of bakery goods including bread, doughnuts, cakes, and cookies. In 1936 the trade mark "Mother Parker's" was registered in the United States Patent Office. Plaintiff and her husband opened an experimental laboratory and retail bakery in Peterboro, New Hampshire, in 1940 under the name "Mother Parker's Cupboard" in which they manufactured a complete …

Recent Developments In Patent Law, Arthur M. Smith

Michigan Law Review

The framers of the Federal Constitution shared with Thomas Jefferson his "wish to see new inventions encouraged, and old ones brought again info useful notice." Their concern for the public welfare caused many, including Jefferson, to question the wisdom of using a limited monopoly to encourage such inventions.

Implied Warranties Of Non-Infringement, Louis Robertson

Michigan Law Review

When a manufacturer or dealer sells a product, is there an implied warranty that the product does not infringe adversely-owned patents? In other words, does the purchaser who is successfully sued for infringement have the right, without an indemnity clause, to be indemnified by the seller?

Many lawyers, especially patent lawyers, who are accustomed to advising the insertion of express patent warranties in sales contracts to take care of the matter, have answered this question instantly and positively in the negative, and it is quite possible that according to fundamental principles of implied warranties they are right, and yet all …