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- Trademarks (2)
- A. C. Filters (1)
- Appropriation (1)
- Associated Press v. KVOS Inc. (1)
- Baseball bats (1)
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- Baseball players (1)
- Calirofnria (1)
- Conspiracy (1)
- Corn (1)
- Cosmetics (1)
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- Doubleday Doran& Co. v. R. H. Aiacy & Co. (1)
- Dual meaning (1)
- Estate administrators (1)
- False representation (1)
- Hanna Mfg. Co. v. Hillerich & Bradsby Co. (1)
- Heckolith (1)
- Hecolite (1)
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- International News Service v. Associated Press (1)
- Likeness (1)
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- Lumley v. Gye (1)
- Max Factor & Co. v. Kunsman (1)
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- Motor Improvement Inc. v. A. C. Spark Plug Co. (1)
- Nebbia v. New York (1)
- New York Fair Trade Act (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Constitutional Law-Trade Regulation-Fair Trade Act
Constitutional Law-Trade Regulation-Fair Trade Act
Michigan Law Review
Plaintiff, owner of the exclusive right to sell certain popular trade-marked cosmetics in California, entered into a large number of contracts with wholesalers and retailers of that state, fixing the price at which those branded articles were to resell. Thereafter, pursuant to the provisions of the state Fair Trade Act, he brought suit to enjoin defendant, a retail druggist who had refused to make any such agreements and who, from sources unknown, had acquired such trade-marked articles, from reselling at less than the price stipulated in the contracts with others. A demurrer to the complaint was sustained, but on appeal …
Trade Restraints-Trade Associations-Open Price Agreements- Sugar Institute Case
Trade Restraints-Trade Associations-Open Price Agreements- Sugar Institute Case
Michigan Law Review
The Sugar Institute case, decided March 30, 1936, in a unanimous decision by the Supreme Court, has been eagerly awaited by those interested in 'the limits and possibilities, under the anti-trust laws, of so-called self-regulation by industry through permissible activities of trade associations. The decision has been reported to affect some 2,000 trade associations. The case presented such a diversity of practices that any decision in it gave great promise of answering some of the many perplexing questions growing out of the enforcement of the anti-trust laws, which could not heretofore be answered from the decided cases. The fact that …
Trade-Marks--Unfair Competition--Right Of Exclusive Selling Agent
Trade-Marks--Unfair Competition--Right Of Exclusive Selling Agent
Michigan Law Review
Plaintiff corporation is a retailer and importer of denture -blanks and is the exclusive American selling agent of the German company which makes them. The blanks are stamped with the trade-mark '"Heckolith," which is registered by the German maker in Germany and in the United States. The plaintiff, after putting the blanks through a secret aging process, places them on the market in distinctive boxes, which it marks with the word, "Hecolite," the Anglicized form of the German trade-mark. The plaintiff registered the mark "Hecolite" as his own, and also the mark "Heckolith," after a purported assignment of the mark …
Unfair Trade-Right Of Privacy-Right Of Manufacturer Who Has Contracted For Use Of Celebrity's Name To Injunction Against Competitor Using Such Name
Michigan Law Review
Plaintiff, a baseball bat manufacturer, had obtained by contract with famous ball players a grant of the exclusive right to use their autographs on the style bats which the plaintiff company had developed for them. Defendant, a competing bat manufacturer, made bats in these same unpatented shapes and to designate the style of the bats placed the respective players' surnames on them in block letters. Plaintiff seeks to enjoin this practice of the defendant on the theory: (1) of unfair competition, and (2) of protection of the property right which the ball players had in the use of their names. …
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 …
Unfair Trade-Radio Broadcast Of News Items From Papers Published By Members Of News Service Association As "Unfair Competition"
Michigan Law Review
Defendant radio station broadcast daily a "Newspaper of the Air" program on which it read news items from newspapers published by members of plaintiff association. Plaintiff alleges that defendant is using the results of plaintiff's labor and investment, without paying for it, to aid it in competition with plaintiff's members for advertising, and seeks to have such use of its news enjoined as "unfair competition." Held, defendant should be enjoined from "unfair competition," consisting of the appropriation and broadcast of news gathered by plaintiff while such broadcasts might damage the business of plaintiff's members. Associated Press v. KVOS, Inc. …
Constitutional Law-Due Process-Fair Trade Acts
Constitutional Law-Due Process-Fair Trade Acts
Michigan Law Review
The recent decision of the New York Court of Appeals in Doubleday, Doran & Co. v. R. H. Macy & Co., holding unconstitutional section two of the New York Fair Trade Act, presents another interesting aspect of the long struggle by manufacturers of widely known trade-marked articles to secure some adequate protection for themselves and the public against the destructive practice of retail price cutting.
Survival Of Actions-Effect Of Plaintiff's Death On Cause Of Action Under Sherman Act-Availability Of Quasi-Contract Remedy
Michigan Law Review
Testator had incurred losses on contracts for the sale of corn due to a conspiracy and "corner" of the market by defendants. He sued at law to recover treble damages under the Sherman Anti-Trust Act for an "injury to property." Pending the appeal, testator died, and his administrators on petition were substituted in his stead. Defendants claimed that the cause of action, which was in tort, abated upon testator's death and did not survive. Held, on the basis of the statute, 4 Edw. III, c. 7, which was to be considered part of the common law and which did …