 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,...  The American and English Encyclopedia of Law - Seite 418herausgegeben von - 1894Vollansicht - Über dieses Buch
 | United States. Patent Office - 1910 - 642 Seiten
...Green Ribbon," so nearly resembles the trade-mark of the appellee — As said by Mr. Justice Bradley : Similarity, not Identity, is the usual recourse when...ordinary, unsuspecting customer, is obnoxious to the law. (Celluloid Mfg. Co. v. Cellonile Mfg. Co., CD, 1887, 571 ; 41 OG, 693; 32 Fed., 94, 97.) The dominating... | |
 | 1888 - 564 Seiten
...identical with the complainant's name. That would be too gross an invasion of the complainant's right. Similarity, not identity, is the usual recourse when...unsuspecting customer is obnoxious to the law. Judged by this standand, it seems to me, t':at considering the nature and circumstances of this case, the name " Cellonlte... | |
 | 1911 - 1168 Seiten
...is sufficient to effect the object has to be determined in each case by its own circum- j stances. We may say, generally, that a similarity which would be likely to deceive or mislead any ordinary, unsuspecting customer is obnoxious to the law." In Amoskeag Mfg. Co. v. Spear, 2 Sandf.... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1889 - 680 Seiten
...to benefit himself by the good name of another. What similarity is sufficient to effect the objeet has to be determined in each case by its own circumstances....ordinary unsuspecting customer is obnoxious to the law." In Wothcrspoon v. Currie, LR 5 HL 508, the labels are set forth, and an inspection of them clearly... | |
 | Abraham Clark Freeman - 1890 - 990 Seiten
...infringed the trade-mark " Celluloid Manufacturing Company," the court saying, among other things, that " similarity, not identity, is the usual recourse when...ordinary unsuspecting customer is obnoxious to the law." In Wotherspoon v. Currie, LR 5 HL 508, the labels are set forth, and an inspection of them clearly... | |
 | 1918 - 728 Seiten
...Identical with the complainant's name. That would be too gross an Invasion of the complainant's rights. Similarity, not Identity, is the usual recourse when...ordinary, unsuspecting customer Is obnoxious to the law." The defendants used plaintiff's trade-mark after the manner of a regular Ford agency. They falsely... | |
 | 1900 - 810 Seiten
...similarity is sufficient to effect the object has to be determined in each case by Its own circuinstances. We may say, generally, that a similarity which would...ordinary unsuspecting customer is obnoxious to the law." It may be said that if one stops to reflect upon the names "Gold Dust" and "Gold Drop," and listens... | |
 | 1896 - 1164 Seiten
...another. What similarity Is sufficient to effect the object has to be determined In each case by Its circumstances. We may say, generally, that a similarity...ordinary unsuspecting customer. Is obnoxious to the law." In this case tbe trial court determined that there was a sufflcient similarity In the names to deceive... | |
 | 1896 - 922 Seiten
...another. What similarity is sufficient to effect the object has to be determined in each case by its circumstances. We may say. generally, that a similarity...ordinary unsuspecting customer is obnoxious to the law. " In this case the trial court determined that there was a sufficient similarity in the names to deceive... | |
 | Abraham Clark Freeman - 1896 - 1024 Seiten
...another. What similarity is sufficient to effect the object has to be determined in each case by its circumstances. We may say, generally, that a similarity...ordinary unsuspecting customer is obnoxious to the law." In this case, the trial court determined that there B38 was a sufficient similarity in the names to... | |
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