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Articles 691 - 703 of 703
Full-Text Articles in Antitrust and Trade Regulation
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. …
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 …
Trade Restraints - Patents - Effect Of Illegal Condition In Patent Licensing Agreement, Michigan Law Review
Trade Restraints - Patents - Effect Of Illegal Condition In Patent Licensing Agreement, Michigan Law Review
Michigan Law Review
Plaintiff, owning a patent on a process involving the use of unpatented lecithin in the production of chocolate, assured potential users that the process might be employed by them in the manufacture of chocolate on condition that all lecithin so used be purchased exclusively from plaintiff. Defendant at .first complied with the condition but subsequently, while continuing to use the patented process, began to buy lecithin from plaintiff's competitors. Plaintiff brought suit for an injunction restraining infringement. Defendant, in counterclaiming for an injunction against future suits, in effect asked the court to hold that the implied license under which it …
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 …
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 …
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, …
Patents - Monopolies - Contributory Infringement Of Process Patent, Julian Caplan
Patents - Monopolies - Contributory Infringement Of Process Patent, Julian Caplan
Michigan Law Review
Plaintiff was the owner of a patent for the process of using bituminous emulsion to retard evaporation during the curing of concrete roads. Plaintiff supplied bituminous emulsion, an unpatented material, to road builders, permitting them to use the patented curing process, but had no express licenses or royalty contracts with these contractors. Defendant, a competing manufacturer of the emulsion, sold some of this material to a road builder, knowing that it was intended to be used in infringing the process patent. Plaintiff brought suit for contributory infringement against the supplier of the materials. Held, that the owner of a …
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 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 …
The Law Of Unfair Competition And Trademarks, Milton Handler
The Law Of Unfair Competition And Trademarks, Milton Handler
Michigan Law Review
A Review of THE LAW OF UNFAIR COMPETITION AND TRADEMARKS By Harry D. Nims.
Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr.
Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr.
Michigan Law Review
The Law School; Pleading Estoppel; Libels on Person and on Property; The Conflict Between a Patentee's Right to Monopoly and a State Anti-Monopoly Statute