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Articles 12151 - 12180 of 12228
Full-Text Articles in Entire DC Network
Patent Law - Conditions In Leases Made By Patentee To His Licensees - Suits For Direct Infringement, Brooks F. Crabtree
Patent Law - Conditions In Leases Made By Patentee To His Licensees - Suits For Direct Infringement, Brooks F. Crabtree
Michigan Law Review
Respondent manufactured and leased patented devices used in the canning industry for depositing salt tablets. One condition in the leases for these machines required licensees to use with the patented machines only tablets sold by respondent's subsidiary. Respondent sued in the district court for an injunction and an accounting for infringement of its patent by petitioner, who manufactured and leased infringing salt-depositing machines. Upon petitioner's motion to dismiss on the ground that respondent was making use of its patent to restrain the sale of salt tablets in competition with its own sale of unpatented tablets, the trial court granted a …
"Cola" Not Enjoined As Mark Or Name
"Cola" Not Enjoined As Mark Or Name
Indiana Law Journal
Notes and Comments: Trade Regulation
The Law On Abridgment Of Copyrighted Literary Material, Harry W. Roberts Jr.
The Law On Abridgment Of Copyrighted Literary Material, Harry W. Roberts Jr.
Kentucky Law Journal
No abstract provided.
Judgments - Propriety Of Finding That A Nonparty Conducted The Defense, David N. Mills
Judgments - Propriety Of Finding That A Nonparty Conducted The Defense, David N. Mills
Michigan Law Review
A patent infringement suit against a distributor was dismissed on the ground that plaintiff's patents were invalid. A finding was incorporated in the judgment that the defense had been "openly and avowedly conducted" by the manufacturer of the article distributed by defendant. Plaintiff objected that the finding "on its face would be a valid estoppel" in case plaintiff later wished to sue the manufacturer in a separate suit. Held, that plaintiff was entitled to have the finding deleted from the judgment since the finding was not necessary to a disposition of the issues between plaintiff and defendant. Minneapolis- Honeywell …
Trade Marks And Trade Names - Unauthorized Use Of Registered Vessels - Search Warrant, Reed T. Phalan
Trade Marks And Trade Names - Unauthorized Use Of Registered Vessels - Search Warrant, Reed T. Phalan
Michigan Law Review
A number of milk bottles bearing registered marks of various dairies were seized from the possession of plaintiff dairyman by defendant deputy sheriff, under a search warrant issued by defendant district judge, upon affidavit and showing by defendant deputy commissioner of agriculture that the bottles were being unlawfully used. Notice was given of a hearing to be held before the judge to determine the persons entitled to possession of the seized property. Plaintiff brought this action for an original writ of prohibition to restrain further proceedings, charging that the search warrant section of the statute under which the proceedings were …
Judgments - Declaratory Judgments - Availability To Alleged Infringers In Patent Cases, Michigan Law Review
Judgments - Declaratory Judgments - Availability To Alleged Infringers In Patent Cases, Michigan Law Review
Michigan Law Review
In addition to an injunction and an accounting, the prayer of the plaintiff requested a declaratory judgment to determine the plaintiff's rights in relation to a patent of the defendant. The petition alleged the plaintiff was importing and offering for sale a chemical called "Estradoil," and that the defendant had notified the plaintiff's customers that the chemical infringed the defendant's patent. A year prior to the action, the defendant had published a notice in a trade journal stating that a certain patent had been issued to it which covered the chemical known as "Estradoil," and that any use of the …
Trade Restraints - Associations Of Manufacturers To Combat Style Piracy - Illegal Restraints Of Trade, Michigan Law Review
Trade Restraints - Associations Of Manufacturers To Combat Style Piracy - Illegal Restraints Of Trade, Michigan Law Review
Michigan Law Review
In order to combat the practice of "style piracy" among competitors, a large number of producers of women's coats and dresses formed an association, whose membership was composed of designers, manufacturers, and distributors. Producers adjudged copyists by the association were not permitted membership. The clear purpose of the association was primarily to boycott retailers who refused to deal solely with members of the association, and secondarily to boycott, and eliminate competition from, the copyists. In addition there was provided a system of registration for designs made by members, and a judicial type of machinery for protecting the designers' interest therein. …
Trade Marks And Trade Names - Unfair Competition - Restrictions On Use Of Personal Name, Reed T. Phalan
Trade Marks And Trade Names - Unfair Competition - Restrictions On Use Of Personal Name, Reed T. Phalan
Michigan Law Review
For many years plaintiff and its predecessors used the name "Dougherty's" in marketing straight whiskey throughout the United States. In 1939 defendant, Edwin L. Dougherty, began selling blended whiskey in Pennsylvania, likewise using the name "Dougherty's," to dominate his labels, and in 1940, pursuant to a previously formed intention, plaintiff began selling blended whiskey under the same name. Plaintiff brought an action to enjoin defendant's use of the name "Dougherty's." Held, through plaintiff's prior use, the name "Dougherty's" had come to be associated by the purchasing public with plaintiff's whiskey; therefore defendant's use of the same name to dominate …
Use Of The Doctrine Of Unfair Competition To Supplement Copyright In The Protection Of Literary And Musical Property, Paul Leo Oberst
Use Of The Doctrine Of Unfair Competition To Supplement Copyright In The Protection Of Literary And Musical Property, Paul Leo Oberst
Kentucky Law Journal
No abstract provided.
The Present Status Of The Sherman Act, Robert W. Harbeson
The Present Status Of The Sherman Act, Robert W. Harbeson
Michigan Law Review
Two circumstances may be advanced by way of justification for the present addition to the voluminous literature dealing with the Sherman Anti-Trust Act. First, the Supreme Court has in recent months handed down two decisions involving the application of the Sherman Act to the oil industry, which are of great importance both because of their sweeping application to marketing practices in that industry and because of the directness with which they raise certain issues of economic theory and policy. Second, the fiftieth anniversary of the Sherman Act on July 2, 1940 provides an appropriate occasion for a review of the …
Rights Of Recording Orchestras Against Radio Stations Using Records For Broadcast Purposes
Rights Of Recording Orchestras Against Radio Stations Using Records For Broadcast Purposes
Washington and Lee Law Review
No abstract provided.
Patents-Reissues-Intervening Rights
Unfair Competition - Trade Marks And Trade Names -Nature Of Relief Against The Use Of A Misleading Trade Name Which Has Acquired A Secondary Meaning, Harold M. Street
Unfair Competition - Trade Marks And Trade Names -Nature Of Relief Against The Use Of A Misleading Trade Name Which Has Acquired A Secondary Meaning, Harold M. Street
Michigan Law Review
The petitioner, a Pennsylvania manufacturer of cigars which contained only Pennsylvania tobacco, but which it had branded "Havana Smokers" since 1902, was ordered by the Federal Trade Commission to cease and desist from using the word "Havana" to designate its product. The petitioner claimed that the brand had acquired a secondary meaning and asked the court to modify the order to permit retention of the word "Havana" qualified by the legend: "Notice. These cigars are made in the United States and only of United States tobacco." Held, the name so used might result in misrepresentation and its use must …
Federal Courts - Appeal And Error - Does A Statute Which Authorizes An Interlocutory Appeal Require Such Appeal?, Michigan Law Review
Federal Courts - Appeal And Error - Does A Statute Which Authorizes An Interlocutory Appeal Require Such Appeal?, Michigan Law Review
Michigan Law Review
A bill seeking an injunction and an accounting was filed in a United States district court for alleged infringement by defendant of plaintiff's rights in the words of a song. Defendant's appeal from a decree enjoining further use of the song and directing an accounting for profits was denied, because the appeal had been taken more than thirty days after its entry and so the circuit court of appeals was without jurisdiction. The case proceeded to an accounting in the district court, and a final decree was entered from which defendant appealed again to the circuit court. Held, the …
Copyright Law--Musical Style Piracy--Possible Methods Of Legal Protection For The Musical Stylist, John L. Young
Copyright Law--Musical Style Piracy--Possible Methods Of Legal Protection For The Musical Stylist, John L. Young
Kentucky Law Journal
No abstract provided.
Trade Restraints- Equitable Servitude On Chattels - Radio Broadcast Of Electrical Transcriptions, Roy L. Steinheimer
Trade Restraints- Equitable Servitude On Chattels - Radio Broadcast Of Electrical Transcriptions, Roy L. Steinheimer
Michigan Law Review
A popular orchestra leader made certain electrical transcriptions (not records) of unique interpretations of different musical numbers which were distributed, for a consideration, for radio broadcast on the Ford Motor Program. A notice appears on the transcription that it is to be used only by a distributee station and then only on the Ford Program. Defendant, who is not a distributee, broadcast one of these transcriptions without the plaintiff's consent. Plaintiff sued to enjoin rendition of the transcriptions. Held, that the injunction should be granted because there was a proprietary interest in the plaintiff's rendition of these musical numbers, …
Patents - Right Of Patentee To Restrict Manufacture, Use, And Sale Of Patented Device, Collins E. Brooks
Patents - Right Of Patentee To Restrict Manufacture, Use, And Sale Of Patented Device, Collins E. Brooks
Michigan Law Review
The patent laws of the United States grant to a patentee the "exclusive right to make, use, and vend the invention or discovery . . . throughout the United States and the Territories thereof . . . . " Much litigation has arisen over the extent of the monopoly thus granted a patentee, but even at this late date it is not too clearly defined. The question came up anew in the case of General Talking Pictures Corp. v. Western Electric Co., where the owner of a patent on a device used in sound reproduction and broadcast reception had …
The Measure Of Recovery In Actions For The Infringement Of Copyright, Julian Caplan
The Measure Of Recovery In Actions For The Infringement Of Copyright, Julian Caplan
Michigan Law Review
Since the present federal copyright statute was enacted in 1909, and especially quite recently, there have been repeated attempts at drastic modification of the law. Certain groups contend that the present statutory provisions are not of sufficient protection to the copyright proprietor, whereas other groups contend that the extent of the protection is entirely unwarranted. One of the chief phases of controversy has involved the measure of recovery in suits for infringement. The issue is of fundamental importance, since the measure of damages determines to a large extent how effective the other provisions of the statute will be. Whether, under …
Copyright Protection Of Advertising, Joseph S. Freeland
Copyright Protection Of Advertising, Joseph S. Freeland
Kentucky Law Journal
No abstract provided.
Radio Broadcasting As An Infringement Of A Copyright, Steven L. Bladek
Radio Broadcasting As An Infringement Of A Copyright, Steven L. Bladek
Kentucky Law Journal
No abstract provided.
The Scope Of Copyright Protection, James E. Fahey
The Scope Of Copyright Protection, James E. Fahey
Kentucky Law Journal
No abstract provided.
Patents - Patentability Of The Product Of A Process, Julian Caplan
Patents - Patentability Of The Product Of A Process, Julian Caplan
Michigan Law Review
The problem to be discussed in this comment can best be illustrated by setting forth a hypothetical fact situation. It will be assumed that an inventor, A has invented a new and useful process for refining oil, which process is denoted process X. Heretofore all oil has been refined by process Y. The oil produced by process X does not differ sufficiently in its chemical and physical properties from that produced by process Y so that the inventor can get a patent on the oil as such. Assuming that, upon proper application, A may receive a patent for …
Patents - Equity Pleading - Sufficiency Of "Short Form" Of Bill Of Complaint - Burden Of Proof Of Validity Of Patent Infringement Suit, Julian Caplan
Patents - Equity Pleading - Sufficiency Of "Short Form" Of Bill Of Complaint - Burden Of Proof Of Validity Of Patent Infringement Suit, Julian Caplan
Michigan Law Review
Complainant brought suit for infringement of letters patent and used the so-called "short form" of bill of complaint. Defendant moved to dismiss the bill for insufficient facts to constitute a cause of action, since there were no allegations of compliance with the statutory provisions for issuance of a patent. The District Court and the Circuit Court of Appeals for, the Eighth Circuit sustained the demurrer, but the Supreme Court held that under Equity Rule 25 the short form of bill of complaint contained all the ultimate facts necessary for complainant to state a cause of action. Mumm v. Jacob E. …
Trade Marks - Registration - Color As A Common-Law Or Technical Trade Mark, Michigan Law Review
Trade Marks - Registration - Color As A Common-Law Or Technical Trade Mark, Michigan Law Review
Michigan Law Review
Plaintiff had applied for registration of a trade mark for a cleaning powder consisting of a rectangular yellow panel, bounded by a contrasting blue border, affixed to the container of the goods. The mark was accompanied by two other trade marks and by certain descriptive material impressed on the body of the mark within the blue border, for which trade marks and descriptive matter registration was not sought. The Commissioner refused to register the mark on the ground that it would not indicate the origin or ownership of the goods, and on the further ground that it would be regarded …
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 …
Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller
Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller
Michigan Law Review
Four cases upholding the validity of the California and Illinois Fair Trade Acts were recently sustained by the United States Supreme Court. All four cases involved a similar set of facts. Plaintiffs, the owners or authorized distributors of certain well known trade-marked articles, entered into a series of contracts with wholesalers and retailers fixing the resale prices of their branded products. When defendants, certain retailers who had refused to enter into such agreements, persisted in reselling the articles below the prices stipulated in the contracts with other retailers, plaintiffs sued to enjoin them under the provisions of the state Fair …
Equity-Patent Infringement-Advantages Of Declaratory Judgment Over Injuction Relief
Equity-Patent Infringement-Advantages Of Declaratory Judgment Over Injuction Relief
Michigan Law Review
Defendant had patented a certain seam used in garment-making and also the means for manufacturing it. Plaintiff claimed that this patent was void because anticipated by his own practice. Under this claim plaintiff continued to manufacture the type of seam in question and to sell garments in which it was used. Defendant thereupon sent notices both to plaintiff and to his customers threatening suit for infringement. Plaintiff sought a decree under the Declaratory Judgment Act to determine whether the patent was valid. Defendant moved to dismiss the action. Held, motion denied; a declaratory judgment is an appropriate proceeding for …
Patents - Infringement - Estoppel Based On Prior Interference Proceedings
Patents - Infringement - Estoppel Based On Prior Interference Proceedings
Michigan Law Review
The defendant was sued for infringement of certain basic process patents held by plaintiff corporation covering the recording of sound upon motion picture film. The defendant had applied for a patent for substantially this invention, but had lost in interference proceedings declared between him and the plaintiff here, who had also applied at about the same time. Because of these acts of applying and contesting interference proceedings, plaintiff here claimed that defendant was now estopped to set up in defense to this suit the non-patentable nature of the invention. Held, that the patent was invalid for anticipation and that …
Unfair Competition-Misrepresentations By A Competitor Of The Quality Or Character Of His Own Product
Unfair Competition-Misrepresentations By A Competitor Of The Quality Or Character Of His Own Product
Michigan Law Review
The plaintiff, an exclusive licensee under certain patents, manufactures the "Purolator" oil filter. The A. C. Filter produced by the defendant was adjudged to be an infringement of plaintiff's patent rights and a permanent injunction was granted. Defendant then changed the internal construction of its oil filter without changing the shape, color, marking or appearance and thereafter sold the changed device representing that it was the same as the earlier infringing one. From a decree of the lower court dismissing plaintiff's bill alleging unfair competition, plaintiff appealed. Held, injunction granted restraining defendant from falsely representing the filter it is …
Trade-Marks And Trade-Names--Jurisdiction--Goods Of Different Classes, Houston A. Smith
Trade-Marks And Trade-Names--Jurisdiction--Goods Of Different Classes, Houston A. Smith
West Virginia Law Review
No abstract provided.