The American and English Encyclopedia of Law, Band 26John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland E. Thompson, 1894 |
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acquired action adopted adverse possession Amoskeag Apollinaris Water applied assignment authority Blatchf bonds civil township claim color of title common law complainant Conn Connecticut Gen constitute contract corporation court of equity damages deceive defect defendant designate device election entitled exclusive right fact fendant firm fraud held highway Hun N. Y. imitation infringement injunction was granted injury Iowa L. J. Ch label land liable manufac manufacture mark Mass ment Minn municipal N. Y. Supp officers old firm ordinance origin owner ownership particular party patent person plaintiff possession protection purchaser purpose question restrain rule seisin selectmen sell Singer Mfg sold Stat statute Supreme Ct thereof tiff tion Tontine tort towage town township trade treaty trespass trustees valid trade-mark words
Beliebte Passagen
Seite 548 - Party, shall succeed to their said personal property, and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their pleasure, paying such duties only as the inhabitants of the country, where the said property lies, shall be liable to pay in like cases.
Seite 535 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Seite 492 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Seite 366 - That nothing in this act shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trade-mark might have had if the provisions of this act had not been passed.
Seite 250 - STRONG, speaking for the court, that "the office of a trade-mark is to point out distinctively the origin or ownership of the article to which it is affixed ; or, in other words, to give notice who was the producer.
Seite 547 - It is the declared will of the people of the United States that every treaty made by the authority of the United States shall be superior to the Constitution and laws of any individual State, and their will alone is to decide. If a law of a State contrary to a treaty is not void, but voidable only, by a repeal or nullification by a State legislature, this certain consequence follows. — that the will of a small part of the United States may control or defeat the will of the whole.
Seite 420 - Similarity, not Identity, is the usual recourse when one party seeks to benefit himself by the good name of another. What similarity is sufficient to effect the object has to be determined In each case by its own circumstances. We may say, generally, that a similarity which would be likely to deceive or mislead an ordinary, unsuspecting customer Is obnoxious to the law.
Seite 452 - A man's name is his own property, and he has the same right to its use and enjoyment as he has to that of any other species of property.
Seite 453 - ... True it may be that the use by a second producer, in describing truthfully his product, of a name or a combination of words already in use by another, may have the effect of causing the public to mistake as to the origin or ownership of the product; but if it is just as true in its application to his goods as it is to those of another who first applied it and who, therefore, claims an exclusive right to use it, there is no legal or moral wrong done. Purchasers may be mistaken, but they are not...
Seite 244 - Everyone," says the supreme court of the United States, in Manufacturing Co. v. Trainer, 101 US ni, 53, "is at liberty to affix to a product of his own manufacture any symbol or device, not previously appropriated, which will distinguish it from articles of the same general nature manufactured or sold by others, and thus secure to himself the benefits of increased sale by reason of any peculiar excellence he may have given to it.