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Articles 181 - 210 of 229
Full-Text Articles in Intellectual Property Law
Taxation-Federal Instrumentalities-Exemption From State Tax
Taxation-Federal Instrumentalities-Exemption From State Tax
Michigan Law Review
Appellant, a New York corporation which is engaged in Georgia in licensing copyrighted motion pictures, brought suit to restrain a Georgia tax upon the gross receipts of royalties. Appellant urged the invalidity of the tax upon the ground that copyrights are instrumentalities of the United States. The supreme court of Georgia ruled that the suit should be dismissed. On appeal to the Supreme Court of the United States it was held, in Fox Film Corporation v. Doyal, that a state tax on royalties derived from copyrights is valid.
Patents - Right To Personal Service In Contempt Proceedings
Patents - Right To Personal Service In Contempt Proceedings
Michigan Law Review
Complainant obtained in the district court of Massachusetts a final injunction against the manufacture and sale of a device by defendant, a Michigan corporation. In a subsequent term of court, complainant brought contempt proceedings for an alleged violation of the injunction. Copies of the petition, motion, and order to show cause were sent by registered mail to the defendant's place of business. Objection to the jurisdiction of the court was raised upon the ground that the term in which the injunction had issued had expired and the decree, as to compensation, had been satisfied; hence personal service as in a …
Patents - Option Of The Court To Permit Contempt Proceedings Or To Require A New Suit
Patents - Option Of The Court To Permit Contempt Proceedings Or To Require A New Suit
Michigan Law Review
A final injunction was issued by the federal district court of Massachusetts against A, a Michigan corporation. The terms of the injunction were that A should not make, use, or sell lasts, or any colorable imitation thereof, embodying the invention covered by certain enumerated claims belonging to the present complainant. In a subsequent term of court the complainant alleged a violation of the injunction and brought contempt proceedings against A in the district court. The alleged infringement consisted in the manufacture and sale of a device which was slightly changed in form from that which the defendant had made prior …
Patents - Recovery Of Profits In Contempt Proceedings
Patents - Recovery Of Profits In Contempt Proceedings
Michigan Law Review
The facts of this case are stated in the preceding note. The complainant sought to recover in the contempt action the profits of the infringement subsequent to the injunction decree. The circuit court of appeals refused recovery. Held, the decree of the circuit court of appeals should be reversed; profits from the sale of the infringing article are properly an element of the contempt fine. Krentler-Arnold Hinge Last Co. v. Leman (U. S. Feb. 15, 1932) Adv. Op. No. 332. (Reversing the decision in (C. C. A. 1st, 1931) 50 F.(2d) 699).
The Assignment Of Trade Marks And Trade Names, Grover C. Grismore
The Assignment Of Trade Marks And Trade Names, Grover C. Grismore
Michigan Law Review
Unfortunately there is much confusion in the books in regard to the transferability of trade marks and trade names. The law on the matter is neither clearly stated nor always uniformly applied. The generalization that one finds most frequently, both in cases and in text books, is the categorical assertion that trade marks and trade names are not assignable in gross - that they can be transferred only as incidental to a transfer of the business or property in connection with which they have been used. Rightly interpreted, this statement is doubtless a truism. However, the implications frequently drawn from …
A German Work On Trade Marks And Unfair Competition In The United States, Hanna Katz
A German Work On Trade Marks And Unfair Competition In The United States, Hanna Katz
Michigan Law Review
The acquaintance of German lawyers with American trade-mark law and protection against unfair trading was based until now on the individual studies of persons especially interested in this subject. German textbooks and commentaries on industrial property rights treat international and foreign rules too, but they scarcely give a sufficient notion of how to create a valid trade-mark and protect the trader in his full enjoyment thereof in the U. S. A. Yet the necessity of having such knowledge is a rather broad one in Germany as in all other European countries selling trade-marked articles to their customers on the other …
Copyrights-Radio Reception As Performance Witein Copyright Act
Copyrights-Radio Reception As Performance Witein Copyright Act
Michigan Law Review
By means of a master receiving set under its operation, and loudspeakers controlled by the guests, installed in its rooms, defendant hotel company made available the hearing of a copyrighted musical composition which had been broadcast. Neither the radio station nor the hotel was authorized to perform it. In a suit against the hotel company for alleged infringement of the copyright, relief was denied on the ground that reception did not constitute a performance within the meaning of the Copyright Act. The case was appealed and that question was certified to the Supreme Court. Held, that reception was essentially …
Contempt-Punishment Of One Not A Party To An Injunction
Contempt-Punishment Of One Not A Party To An Injunction
Michigan Law Review
The plaintiff sued A and B for infringement of patent rights. The suit was dismissed as to A and B testified that the business was solely his. A decree was then entered against B, "his agents, employees, associates and confederates * * *," which enjoined them from "infringing, or aiding or abetting, or in any way contributing to the infringement * * *" of the patents. When the decree was entered, A was an employee of B, but subsequently A left B's employ, began his own business, and infringed the patent. The plaintiff began contempt proceedings against A in the …
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.
International Standing In Court Of Foreign Corporations, Elvin R. Latty
International Standing In Court Of Foreign Corporations, Elvin R. Latty
Michigan Law Review
The Supreme Court of Mexico has recently pronounced a decision of more than passing interest to the American Bar, not only because of the legal basis upon which the decision was rendered, but also because of its probable far-reaching consequences. The plaintiff corporation, organized under the laws of Delaware, brought suit for infringement of its trade mark which had been duly registered in Mexico. The Supreme Court held that inasmuch as the plaintiff was not registered in Mexico it had no existence there for the purposes of bring suit. It does not appear that the plaintiff was engaged in business …
Fraudulent Intent In Trade Mark Cases, Grover C. Grismore
Fraudulent Intent In Trade Mark Cases, Grover C. Grismore
Michigan Law Review
One of the troublesome questions which confront the trade mark lawyer is that as to the extent to which a fraudulent intention is an essential element in trade mark litigation. Must a plaintiff who is seeking injunctive relief, or damages, or an accounting against a defendant who", it is alleged, has simulated his trade mark, trade name or other identifying device, show that the latter has consciously sought to mislead the purchasing public? Judges and legal writers leave the matter in doubt. It is the purpose of this paper to discover, if possible, how this doubt has arisen and to …
Protection Of Industrial Property, Edward S. Rogers
Protection Of Industrial Property, Edward S. Rogers
Michigan Law Review
It is perhaps too much to attempt a discussion of the origin and history of the common law in an introductory note like this. Suffice it to say that the common law is unwritten and is an inheritance from the English colonists who brought it to North America from England. The common law is the law of the several states. In the United States there is no national common law.
Treaties-Scope Of Treaty--Making Power--When Treaties Are Self-Executing
Treaties-Scope Of Treaty--Making Power--When Treaties Are Self-Executing
Michigan Law Review
The scope of the treaty-making power, and the considerations that govern in determining when a treaty is self-executing and when it requires subsequent legislation to make its terms effective, received an interesting discussion in a recent case decided in the United States District Court of the District of Maryland.
Legal Protection Of Ideas
Michigan Law Review
In the recent Pennsylvania case of Mackay v. Benjamin Franklin Realty & Holding Company, an architect was employed to draw plans for the erection of the Benjamin Franklin Hotel at Philadelphia. For some reason the construction of the hotel was abandoned before the plans were accepted. Later it was again decided to build the hotel, but in the interval the architect had died, and a second architect was employed to draw plans. He, without the consent of the personal representative of the first architect, copied his plans, which were accepted and used in the construction of the building. The …
International Unions For The Protection Of Industrial, Literary And Artistic Property, M. Ostertag
International Unions For The Protection Of Industrial, Literary And Artistic Property, M. Ostertag
Michigan Law Review
The League of Nations, whose guests we presently are in this handsome city of Geneva, is certainly the most· important of the associations of states because its purpose, the peace of the world, is the most noble. It is also one of the youngest of such associations. You do me a great honor, Ladies and Gentlemen, in asking me to introduce to you today two much older sisters of the League of Nations, sisters whose reputation is indeed less brilliant and universal, but of whom people may perhaps say what they say of married ladies: "The best are always those …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Patents-Judicial Legislation
Michigan Law Review
One Deitch conceived an invention in 1912; Doulett conceived the same idea in 1913; Muther conceived it in January, 1914, and Glines in March, 1914. All filed applications for a patent at about the same time, August, 1914, and interference proceedings were begun to determine the right to a patent. Under the express wording of the Patent Act the answer would seem clear. It provides, R. S. 4886, that "any person who has invented or discovered any new and useful art, * * * not known or used by others in this country, before his invention or discovery thereof, * …
Book Reviews, Edward S. Rogers, John Barker Waite
Book Reviews, Edward S. Rogers, John Barker Waite
Michigan Law Review
Patent Law. by John Barker Waite, Professor of Law in the University of Michigan Law School. Princeton University Press, x92o.
Copyright And Morals, Edward S. Rogers
Copyright And Morals, Edward S. Rogers
Michigan Law Review
The basis for national copyright legislation in this country is Article I, Section 8 of the Constitution: "The Congress shall have power * * * to promote the progress of science and useful arts by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries."
Account Of Some Psychological Experiments On The Subject Of Trade-Mark Infringement, Edward S. Rogers
Account Of Some Psychological Experiments On The Subject Of Trade-Mark Infringement, Edward S. Rogers
Michigan Law Review
iew in June, 1910, entitled, "The Unwary Purchaser, A Study in the Psychology of Trademark Infringement".
Expensive Futility Of The United States Trade Mark Statute, Edward S. Rogers
Expensive Futility Of The United States Trade Mark Statute, Edward S. Rogers
Michigan Law Review
Every lawyer of much experience knows the client who tip-toes into his office, closes the door carefully, and with a great show of secrecy announces that he has discovered or invented the best name for a soda cracker, a patent medicine, a soft drink, or what not, that human ingenuity ever conceived. He wants it protected before any one can steal it from him. He wants it "Copyrighted." This is the expression most commonly used. He seems to be under the impression that some incantation can be performed by means of which he will be able to secure to himself …
Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore
Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore
Michigan Law Review
The Right of the Patentee to Control the Resale Price - Of the recent decisions of the Supreme Court of the United States, Bauer and Cie. v. O'Donnell, the so-called Price Maintenance Case, was of vital importance to a large number of manufacturers of patented articles. That this decision had a great effect upon such manufacturers is evidenced by the various ingenious methods ahd devices which have since been adopted by numerous manufacturers to avoid the operation and application of the principles set forth in the decision of that case.
Note And Comment, Ralph W. Aigler, Robert L. Mayall, Sidney E. Doyle, Burke W. Shartel
Note And Comment, Ralph W. Aigler, Robert L. Mayall, Sidney E. Doyle, Burke W. Shartel
Michigan Law Review
The Character of User In Prescription - As the possession of the claimant in a case of adverse possession must be shown to have been adverse in order to ripen into title, so also must the user in prescription be shown to have been adverse during -the endure prescriptive period. As to the burden of proving the adverse character of the possession in the first case there seems to be doubt whether there is a presumption of adverseness by showing open possession and acts of ownership, or whether there is a burden upon the claimant to go further. See 2 …
Ingenuity Of The Infringer And The Courts, Edward S. Rogers
Ingenuity Of The Infringer And The Courts, Edward S. Rogers
Michigan Law Review
The person who imitates a trademark has by common consent come to be described as a "pirate." At the time the designation was first applied, it was more or less appropriate. The pirate saw and coveted his neighbor's successful business, and like any MORGAN, TEACH, SHARKEY, or L'OLLONOIS, sighting a fat galleon laden with plate wallowing in the trade winds, homeward bound from the Indies, he laid himself alongside and took what he wanted. He counterfeited marks and labels as exactly as he could, not as he dared. There was no limit to his impudence. He was deterred only by …
Restrictions On The Use Of Patented Articles, Edward S. Rogers
Restrictions On The Use Of Patented Articles, Edward S. Rogers
Michigan Law Review
The case of Henry v. Dick recently decided by the Supreme Court of the United States, has occasioned considerable unfavorable comment in the public press. It seems to be the opinion of many that the decision lays down a new principle of law, particularly adaptable to the working of a monopoly, and that the public is, under the supposed new principle, exposed to a practically unlimited exploitation by any patentee. It is believed that neither of these contentions is correct.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Actos of Bankruptcy--Partnership Preferences; Bankruptcy--constitutional Protection Afforded by the Fourth and Fifth Amendments to the Constitution; Bankruptcy--Interest--When Payable After Date of Filing Petition and up to date of Payment; Banks and Banking--Payment of Check to Wrong Person--Estoppel; Bills and Notes--Construction of Instrument--Negotiable Notes; bills and Notes--Indorsers--Notice of Dishonor by Telephone--Sufficiency; constitutional Law--Due Process of Law--Criminal Insane; electricity--Interfering Currents; Equity--Injunction Against Unfair Competition; Fishery--In Gross or Appurtenant; Homestead--Abandonment--Removal From State; Insanity--Court Cannot Interfere if Defendant has Refused to Set it up as a Defense at the Trial; Insurance--Foreign Insurance Companies--Liability on Losses Occurring After Dissolution; Libel and Slander--Qualified Privilege--Priest and Congregation; …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Hostile Character--Possession Under Executory Contract for Sale; Bills and Notes--Bona Fide Purchase--Effect of Taking After Maturity; Bills and Notes--Bona Fide Purchase--Payment of Forged Check--Recovery of Payment; Bills and Notes--Invalidity of Note--Recovery Upon Original Consideration; Constitutional law--Due Process of Law--Situs of Ship for Purposes of Taxation; contracts--Sufficiency of Typewritten Signature; Copyright--Moving Pictures as Dramatization of Book; Corporations--Stockholder's Meetings--Effect of Withdrawal of Stockholders; Courts--The New Commerce Court--Jurisdiction--First Decision; Covenants Running with the Land--Building Restrictions; Damages--Excessiveness--Personal Injuries--Remittitur; Dead Bodies--Burial Determination of Place; Easements--Merger--Use by Owner of Servient Estate--Adverse Possession; Homicide--Burden of Proof When Insanity is a Defense; Intoxicating Liquors--Illegal Sale--"Dispensing"; Judgment--Collateral Attack--Defective …
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