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Articles 16921 - 16950 of 17032

Full-Text Articles in Intellectual Property Law

The Law On Abridgment Of Copyrighted Literary Material, Harry W. Roberts Jr. Jan 1942

The Law On Abridgment Of Copyrighted Literary Material, Harry W. Roberts Jr.

Kentucky Law Journal

No abstract provided.

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Judgments - Propriety Of Finding That A Nonparty Conducted The Defense, David N. Mills Dec 1941

Judgments - Propriety Of Finding That A Nonparty Conducted The Defense, David N. Mills

Michigan Law Review

A patent infringement suit against a distributor was dismissed on the ground that plaintiff's patents were invalid. A finding was incorporated in the judgment that the defense had been "openly and avowedly conducted" by the manufacturer of the article distributed by defendant. Plaintiff objected that the finding "on its face would be a valid estoppel" in case plaintiff later wished to sue the manufacturer in a separate suit. Held, that plaintiff was entitled to have the finding deleted from the judgment since the finding was not necessary to a disposition of the issues between plaintiff and defendant. Minneapolis- Honeywell …

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Trade Marks And Trade Names - Unauthorized Use Of Registered Vessels - Search Warrant, Reed T. Phalan Nov 1941

Trade Marks And Trade Names - Unauthorized Use Of Registered Vessels - Search Warrant, Reed T. Phalan

Michigan Law Review

A number of milk bottles bearing registered marks of various dairies were seized from the possession of plaintiff dairyman by defendant deputy sheriff, under a search warrant issued by defendant district judge, upon affidavit and showing by defendant deputy commissioner of agriculture that the bottles were being unlawfully used. Notice was given of a hearing to be held before the judge to determine the persons entitled to possession of the seized property. Plaintiff brought this action for an original writ of prohibition to restrain further proceedings, charging that the search warrant section of the statute under which the proceedings were …

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Judgments - Declaratory Judgments - Availability To Alleged Infringers In Patent Cases, Michigan Law Review May 1941

Judgments - Declaratory Judgments - Availability To Alleged Infringers In Patent Cases, Michigan Law Review

Michigan Law Review

In addition to an injunction and an accounting, the prayer of the plaintiff requested a declaratory judgment to determine the plaintiff's rights in relation to a patent of the defendant. The petition alleged the plaintiff was importing and offering for sale a chemical called "Estradoil," and that the defendant had notified the plaintiff's customers that the chemical infringed the defendant's patent. A year prior to the action, the defendant had published a notice in a trade journal stating that a certain patent had been issued to it which covered the chemical known as "Estradoil," and that any use of the …

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Trade Restraints - Associations Of Manufacturers To Combat Style Piracy - Illegal Restraints Of Trade, Michigan Law Review May 1941

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. …

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Trade Marks And Trade Names - Unfair Competition - Restrictions On Use Of Personal Name, Reed T. Phalan Apr 1941

Trade Marks And Trade Names - Unfair Competition - Restrictions On Use Of Personal Name, Reed T. Phalan

Michigan Law Review

For many years plaintiff and its predecessors used the name "Dougherty's" in marketing straight whiskey throughout the United States. In 1939 defendant, Edwin L. Dougherty, began selling blended whiskey in Pennsylvania, likewise using the name "Dougherty's," to dominate his labels, and in 1940, pursuant to a previously formed intention, plaintiff began selling blended whiskey under the same name. Plaintiff brought an action to enjoin defendant's use of the name "Dougherty's." Held, through plaintiff's prior use, the name "Dougherty's" had come to be associated by the purchasing public with plaintiff's whiskey; therefore defendant's use of the same name to dominate …

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Use Of The Doctrine Of Unfair Competition To Supplement Copyright In The Protection Of Literary And Musical Property, Paul Leo Oberst Jan 1941

Use Of The Doctrine Of Unfair Competition To Supplement Copyright In The Protection Of Literary And Musical Property, Paul Leo Oberst

Kentucky Law Journal

No abstract provided.

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The Present Status Of The Sherman Act, Robert W. Harbeson Dec 1940

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 …

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Rescission - Constructive Trusts - Tracing Misappropriated Funds, Eugene T. Kinder Dec 1940

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 …

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Rights Of Recording Orchestras Against Radio Stations Using Records For Broadcast Purposes Sep 1940

Rights Of Recording Orchestras Against Radio Stations Using Records For Broadcast Purposes

Washington and Lee Law Review

No abstract provided.

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Patents-Reissues-Intervening Rights Jun 1940

Patents-Reissues-Intervening Rights

Indiana Law Journal

Recent Case Notes

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Trade Marks And Trade Names - Assignment Of Wholesaler's Mark To One Who Will Continue To Sell The Identical Goods, Oscar Freedenberg May 1940

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 …

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Trade Restraints - Patents - Effect Of Illegal Condition In Patent Licensing Agreement, Michigan Law Review May 1940

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 …

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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 Mar 1940

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 …

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Federal Courts - Appeal And Error - Does A Statute Which Authorizes An Interlocutory Appeal Require Such Appeal?, Michigan Law Review Feb 1940

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 …

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Copyright Law--Musical Style Piracy--Possible Methods Of Legal Protection For The Musical Stylist, John L. Young Jan 1940

Copyright Law--Musical Style Piracy--Possible Methods Of Legal Protection For The Musical Stylist, John L. Young

Kentucky Law Journal

No abstract provided.

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Trade Restraints- Equitable Servitude On Chattels - Radio Broadcast Of Electrical Transcriptions, Roy L. Steinheimer Nov 1939

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, …

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Trade Marks And Trade Names - Descriptive Terms - "Shredded Wheat'' Not Capable Of Exclusive Appropriation As Trade Name, Thomas K. Fisher Jun 1939

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 …

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Patents - Right Of Patentee To Restrict Manufacture, Use, And Sale Of Patented Device, Collins E. Brooks May 1939

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 …

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Trade Marks And Trade Names -- Injunction Against Non-Competitors, John C. Griffin Mar 1939

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, …

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The Measure Of Recovery In Actions For The Infringement Of Copyright, Julian Caplan Feb 1939

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 …

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Copyright Protection Of Advertising, Joseph S. Freeland Jan 1939

Copyright Protection Of Advertising, Joseph S. Freeland

Kentucky Law Journal

No abstract provided.

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Radio Broadcasting As An Infringement Of A Copyright, Steven L. Bladek Jan 1939

Radio Broadcasting As An Infringement Of A Copyright, Steven L. Bladek

Kentucky Law Journal

No abstract provided.

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The Scope Of Copyright Protection, James E. Fahey Jan 1939

The Scope Of Copyright Protection, James E. Fahey

Kentucky Law Journal

No abstract provided.

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Trade-Marks-Territorial Extent Of Trade-Mark Rights Jun 1938

Trade-Marks-Territorial Extent Of Trade-Mark Rights

Indiana Law Journal

No abstract provided.

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Patents - Monopolies - Contributory Infringement Of Process Patent, Julian Caplan May 1938

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 …

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Patents - Patentability Of The Product Of A Process, Julian Caplan Mar 1938

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 …

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Patents - Equity Pleading - Sufficiency Of "Short Form" Of Bill Of Complaint - Burden Of Proof Of Validity Of Patent Infringement Suit, Julian Caplan Dec 1937

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. …

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Trade-Marks - Registration - Likelihood Of Confusion, Herbert L. Nadeau Nov 1937

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 …

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Trade-Marks -- Map As A Trade-Mark Registerable Under Act Of 1905, Philip A. Hart Jr. Jun 1937

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 …

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