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Articles 1 - 5 of 5
Full-Text Articles in Intellectual Property Law
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, …
Trade Marks And Trade Names - Descriptive Terms - "Shredded Wheat'' Not Capable Of Exclusive Appropriation As Trade Name, Thomas K. Fisher
Trade Marks And Trade Names - Descriptive Terms - "Shredded Wheat'' Not Capable Of Exclusive Appropriation As Trade Name, Thomas K. Fisher
Michigan Law Review
In a recent case decided by the United States Supreme Court the following facts appeared. In 1893 a pillow-shaped shredded wheat biscuit was introduced into the highly competitive breakfast food market, and patent rights for the product and its manufacture were secured by the Shredded Wheat Company. Though the basic patent expired in 1912, more than seventeen million dollars were expended in popularizing this particular product. Plaintiff acquired the business and good will of the Shredded Wheat Company in 1930, and continued the extensive advertising of "Shredded Wheat" biscuit. The present suit was begun in 1932 by the National Biscuit …
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, …
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 …