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Articles 151 - 180 of 229
Full-Text Articles in Intellectual Property Law
Rescission - Constructive Trusts - Tracing Misappropriated Funds, Eugene T. Kinder
Rescission - Constructive Trusts - Tracing Misappropriated Funds, Eugene T. Kinder
Michigan Law Review
Defendant, president of plaintiff corporation, misappropriated over $1,000,000 in corporate funds, investing $79,000 thereof in government bonds. With the proceeds from these bonds, defendant set up two corporations, all the capital stock of which was owned by defendant's son and was purchased with plaintiff's money. One Greenslade was hired by defendant, and paid with a part of the misappropriated funds, to experiment with locomotive staybolt testing devices. As a result of the experimentation, Greenslade invented and patented several devices, transferring ownership thereof to one of the two corporations. In a prior action, brought without knowledge of the disposition of the …
Trade Marks And Trade Names - Assignment Of Wholesaler's Mark To One Who Will Continue To Sell The Identical Goods, Oscar Freedenberg
Trade Marks And Trade Names - Assignment Of Wholesaler's Mark To One Who Will Continue To Sell The Identical Goods, Oscar Freedenberg
Michigan Law Review
In cross suits for infringement of trade mark between the C Distilling Company and the P Brewing Company over the use of the trade mark "Century Club" on liquor and beer respectively, a collateral question arose, whether the assignment under which the distilling company claimed a right to the name was valid. The assignor of the trade mark was a wholesaler of several different brands of liquor that were produced by different distillers. The particular brand "Century Club" was manufactured by the C Distilling Co. The wholesaler assigned its right to use the name "Century Club" to the C Distilling …
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 …
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 …
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 …
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 …
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 - Likelihood Of Confusion, Herbert L. Nadeau
Trade-Marks - Registration - Likelihood Of Confusion, Herbert L. Nadeau
Michigan Law Review
The applicant sought registration of the trade-mark "Powermax" for gasoline. The application was opposed on the ground of prior use and registration of "Powerine" for the same product. The register already contained the marks "Powerfuel," "Powerline," "Powerite," "Powero," "Powerflash," and "Powerized" for gasoline. Held, the application was properly denied. The mark must be considered as a whole, and the fact that the registered mark, or a portion of it, is descriptive in character does not justify disregarding the similarity in passing on the right to register. The showing of other confusing marks on the register does not help this …
Trade-Marks -- Map As A Trade-Mark Registerable Under Act Of 1905, Philip A. Hart Jr.
Trade-Marks -- Map As A Trade-Mark Registerable Under Act Of 1905, Philip A. Hart Jr.
Michigan Law Review
Canada Dry Ginger Ale filed an application for the registration, under the Trade-Mark Act of February 20, 1905, as amended, of a colored map of Canada used by it as a trade-mark for maltless beverages sold as soft drinks. The Commissioner of Patents ruled the mark was not a valid trademark at common law and was intended to fall within the statutory prohibition against the registry of "merely a geographical name or term." On appeal, Canada Dry asserted that the mark was a valid common-law trade-mark, and that even though not otherwise registerable, it became so by virtue of a …
Patents, Copyrights And Trade Secrets - Destruction Of Infringing Instruments Owned By Infringer, Michigan Law Review
Patents, Copyrights And Trade Secrets - Destruction Of Infringing Instruments Owned By Infringer, Michigan Law Review
Michigan Law Review
Where a patent is infringed, it is safe to assume that the patenter can collect damages from the infringer as well as secure an accounting for profits and an injunction against further infringement. Any one of these forms of relief or of various combinations is usually granted as a matter of course. Such relief is also granted for infringement of trade secrets, copyrights and literary property. Many courts believe that the problem is solved at this point. But two questions still remain: Does this relief give sufficient practical protection to the plaintiff? And, if not, can destruction of the tangible …
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 - Effect Of Word - Mark Acquiring A Descriptive Connotation, Grover C. Grismore
Trade - Marks And Trade Names - Effect Of Word - Mark Acquiring A Descriptive Connotation, Grover C. Grismore
Michigan Law Review
One of the principal stumbling blocks in the way of the development of a consistent and satisfactory theory of trade-mark protection has been the anomalous distinction that has always been made between the so-called technical or common-law trade-mark, and the non-technical mark or tradename. This distinction, as has been pointed out previously in this Review, grew somewhat accidentally out of the supposed limitations on the jurisdiction of equity. Some of the earliest trade-mark cases proceeded on the theory that to justify the intervention of a court of equity, when the defendant was not shown to have been guilty of …
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 …
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 …
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 …
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- Use Of Same Mark On Dissimilar Goods
Trade Marks- Use Of Same Mark On Dissimilar Goods
Michigan Law Review
The defendant began to manufacture and sell mechanic's hand soap, adopting the word "Par" as a trade-mark. Within the same year the plaintiff corporation, ignorant of the defendant's prior use of the word "Par," adopted the same trade-mark for its granulated laundry soap. Thereafter the defendant, assuming the name "Par Soap Co.," began to market a granulated laundry soap under the same trade-mark, "Par." Each party prayed for an injunction against infringement by the other. Held, the defendant acquired a common-law trade-mark as applied to mechanics' hand soap but not the right to extend it to the whole field …
Federal Practice -Jurisdiction Over Non-Federal Questions - Meaning Of Cause Of Action
Federal Practice -Jurisdiction Over Non-Federal Questions - Meaning Of Cause Of Action
Michigan Law Review
Petitioners brought suit in a federal court to enjoin the respondents from publicly producing a play, alleging that it infringed a copyrighted play of the petitioners and that it would also constitute unfair competition. The parties were citizens of the same State. After considering the claim of infringement on its merits, the court held that, although there was no infringement threatened, the jurisdiction acquired by reason of that federal question might be retained to consider the issue of unfair competition. Hurn v. Oursler, 289 U.S. 238, 53 Sup. Ct. 586 (1933).
Federal Practice -Venue - Plaintiff's Privilege In Respect To Defendant's Counterclaim On An Unrelated Patent
Michigan Law Review
Petitioners brought suit in the federal court for the northern district of Ohio against defendant corporations having regular and established places of business in that district and against two individual defendants resident there alleging infringement of patent rights and asking for injunction, damages, and an accounting. Defendants' answer denied infringement and set up a counterclaim based on a patent granted one of the defendants praying for an injunction against infringement and an accounting. Defendants' counterclaim did not allege that petitioners were inhabitants of the district where the counterclaim was to be tried or that they had regular and established places …
Torts - Negligence -The Duty Element
Torts - Negligence -The Duty Element
Michigan Law Review
Plaintiff was the driver of a large motor coach which had skidded on an icy road and knocked down a telephone post, causing a wire, strung thereon, to sag across the road. Perceiving that defendant's approaching truck would run into the wire, plaintiff signalled defendant to stop, but defendant did not stop until his truck had struck the wire, pulling the pole over so that it hit the plaintiff. Held, one judge dissenting, that the question of defendant's negligence was for the jury. Kennedy v. Scott Transportation Co., (C. C. A. 2d, 1932) 60 F. (2d) 717.