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- A. C. Filters (1)
- Abandonment (1)
- Bad faith (1)
- Beer (1)
- Declaratory Judgment Act (1)
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- Dual meaning (1)
- Eastern Beverage Corporation of New Jersey (1)
- Established businesses (1)
- Exclusive rights (1)
- False representation (1)
- Garment making (1)
- Heckolith (1)
- Hecolite (1)
- Importers (1)
- Intent to abandon (1)
- Invalidity (1)
- Kentucky (1)
- Lionel Corporation v. De Filippis (1)
- Loss of sales (1)
- Monarch (1)
- Motor Improvement Inc. v. A. C. Spark Plug Co. (1)
- Movies (1)
- Non-patentable (1)
- Notice (1)
- Old South Brew (1)
- Old South Brewing Co. (1)
- Paramount Publix Corp. v. American Tri-Ergon Corp. (1)
- Perry v. American Hecolite Denture Corp. (1)
- Purolator oil filters (1)
- Seams (1)
Articles 1 - 6 of 6
Full-Text Articles in Intellectual Property Law
Trade Marks - Extent Of User Essential To Right To Priority
Trade Marks - Extent Of User Essential To Right To Priority
Michigan Law Review
Two promoters conceived the idea of a corporation to manufacture beer, the beer to be labeled "Old South Brew." While the process of incorporation was proceeding the promoters arranged with the Eastern Beverage Corporation of New Jersey to make a beer labeled "Old South Brew," to be shipped, and which was shipped, only to customers of the promoters. The promoters then extensively advertised this product and the fact that the same beer was to be made by their own corporation. The corporation, known as the "Old South Brewing Co., Inc." was chartered, but to the date of trial had not …
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 …
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 …
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 …
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 …
Trade Marks-Effect Of Licensing Use Of Trade Mark By Sales Agent On Rights Of Owner Of The Mark
Trade Marks-Effect Of Licensing Use Of Trade Mark By Sales Agent On Rights Of Owner Of The Mark
Michigan Law Review
For twenty-five years plaintiff company was licensed by X manufacturing company to sell furnaces made by X in Kentucky and to use the trade-mark "Monarch" thereon along with plaintiff's name, leaving X's name off the furnace. After the termination of this license plaintiff continued to sell other furnaces with the mark "Monarch" affixed thereto. Four years later X licensed defendant company to sell X's furnaces in Kentucky and to use the mark "Monarch" on the same. Plaintiff brought suit to enjoin defendant's use of said. mark on furnaces sold in Kentucky. Held, licensing use of mark by X to …