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Articles 16951 - 16980 of 17032

Full-Text Articles in Intellectual Property Law

Patents, Copyrights And Trade Secrets - Destruction Of Infringing Instruments Owned By Infringer, Michigan Law Review Jun 1937

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 …

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Trade Marks - Registration - Color As A Common-Law Or Technical Trade Mark, Michigan Law Review Jun 1937

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 …

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Trade - Marks And Trade Names - Effect Of Word - Mark Acquiring A Descriptive Connotation, Grover C. Grismore Apr 1937

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 …

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Trade Marks And Trade Names - Mark Used On Patented Article - Effect Of Expiration Of Patent, William J. Isaacson Mar 1937

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 …

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Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller Feb 1937

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 …

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Trade Marks - Extent Of User Essential To Right To Priority Jun 1936

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 …

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Trade-Marks--Unfair Competition--Right Of Exclusive Selling Agent Feb 1936

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 …

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Equity-Patent Infringement-Advantages Of Declaratory Judgment Over Injuction Relief Feb 1936

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 …

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Trade Marks-Effect Of Licensing Use Of Trade Mark By Sales Agent On Rights Of Owner Of The Mark Jan 1936

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 …

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Unfair Competition-Misrepresentations By A Competitor Of The Quality Or Character Of His Own Product Jan 1936

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 …

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Patents - Infringement - Estoppel Based On Prior Interference Proceedings Jan 1936

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 …

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Trade-Marks And Trade-Names--Jurisdiction--Goods Of Different Classes, Houston A. Smith Feb 1935

Trade-Marks And Trade-Names--Jurisdiction--Goods Of Different Classes, Houston A. Smith

West Virginia Law Review

No abstract provided.

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Trade Marks- Use Of Same Mark On Dissimilar Goods Jan 1935

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 …

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Federal Practice -Jurisdiction Over Non-Federal Questions - Meaning Of Cause Of Action Jan 1934

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).

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Federal Practice -Venue - Plaintiff's Privilege In Respect To Defendant's Counterclaim On An Unrelated Patent Jun 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 …

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Patent Rights For Scientific Discoveries, By C. J. Hamsom, Alvin C. Johnson May 1933

Patent Rights For Scientific Discoveries, By C. J. Hamsom, Alvin C. Johnson

Indiana Law Journal

No abstract provided.

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Torts - Negligence -The Duty Element Dec 1932

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.

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Taxation-Federal Instrumentalities-Exemption From State Tax Nov 1932

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.

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Patents - Right To Personal Service In Contempt Proceedings May 1932

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 …

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Patents - Option Of The Court To Permit Contempt Proceedings Or To Require A New Suit Apr 1932

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 …

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Patents - Recovery Of Profits In Contempt Proceedings Apr 1932

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).

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Patent Rights For Scientific Discoveries, Karl Fenning Feb 1932

Patent Rights For Scientific Discoveries, Karl Fenning

West Virginia Law Review

No abstract provided.

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The Assignment Of Trade Marks And Trade Names, Grover C. Grismore Feb 1932

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 …

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A German Work On Trade Marks And Unfair Competition In The United States, Hanna Katz Nov 1931

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 …

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Copyrights-Radio Reception As Performance Witein Copyright Act Jun 1931

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 …

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Contempt-Punishment Of One Not A Party To An Injunction Mar 1931

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 …

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The Law Of Unfair Competition And Trademarks, Milton Handler Feb 1931

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.

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Newspaper Copyright, Joseph M. Cormack Jan 1931

Newspaper Copyright, Joseph M. Cormack

Faculty Publications

This is a report upon the state of the American law prepared for submission to the International Congress of Comparative Law to be held at The Hague, August 2nd to 6th., 1932. The report was prepared at the request of the American committee of the Interiationad Academy of Comparative Law, and is published with the approval of the Academy. The national reports are to form the basis of a general report, not exceeding xo,ooo words in length, covering the general state of the law in regard to the particular topic. Because of the limitations thus involved, it has been necessary …

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International Standing In Court Of Foreign Corporations, Elvin R. Latty Nov 1930

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 …

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Fraudulent Intent In Trade Mark Cases, Grover C. Grismore Jun 1929

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 …

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