The Law of Trademarks, Tradenames and Unfair Competition, Including Trade Secrets: Goodwill; Federal Trade Commission Proceedings; the Federal Trademark Acts; the Trademark Registration Acts of the States and Territories; and the Canadian Trademark and Design Act Annotated; with Forms of Practice and for Registration

Portada
W. H. Anderson Company, 1924 - 1108 páginas

Dentro del libro

Comentarios de la gente - Escribir un comentario

No encontramos ningún comentario en los lugares habituales.

Contenido

The test of exclusiveness
20
Perpetual existence
21
The necessity of user
27
How trademark rights may be acquired
27
Trademarks as subject of sale assignment or bequest 27b 18 Assignability of distillery brands and the like
40
Unfair competition
40
Historical
40
Property right as the basis of the action for unfair competition
45
Unfair competition distinguished from trademark infringement
47
Trade slander and libel
53
Are trademark rights monopolistic in character?
56
Title
58
Licenses
59
Trademarks as subjects of taxation
60
CHAPTER II
61
User
63
Affixing the mark
65
Acquisition by assignment
67
Acquisition by an alien
68
Priority of appropriation
69
Acquisition of the right to use the name of another
74
CHAPTER III
75
A dishonest label will invalidate
76
Manhattan Medicine Co v Wood
79
The cases of false representation in connection with trademarks 78a 41 The similar cases Assignment must be made public in con junction with the tr...
80
Use of such word as a trademark where there has been a patent
83
The effect of expiration of the patent upon the collocation of color used in the patented article
86
Names of patented articles
87
Generic term defined
92
Illustrations of general terms 98a 48 Examples of valid trademarks fancy arbitrary or distinctive words
114
Generic terms judicially defined
132
Marks common to the trade
134
The name given an unpatented invention by the inventor
136
The trademarked article not a trademark
139
Packages as trademarks
140
Pictures as trademarks
141
Method of arranging goods as trademark
142
Words taken from the dead languages
143
Words become generic throigh use
148
The use of generic names protected
149
Distinctive names under the Food and Drugs Act June
154
Systems of licensing and inspection of goods made from a basic ingredient bearing a trademark
155
The test of origin or ownership
157
Geographical names
159
As employed by sole owner of a natural product and its place of production
160
Geographical namesThe underlying principle
162
A false geographical name vitiates trademark
165
The right to complain of unfair use of geographical name
166
When relief will be granted against fraudulent use of geograph ical names
167
SECTION PAGE 72 Proper names as trademark
168
Secondary meaning doctrine applied to proper names
169
Names of celebrities
170
In general of ones own name
171
The use of proper names in trade
172
The proper name cases classified
174
Fictitious proper names 1816
181
Corporate names
182
Names of unincorporated associations
191
Words of double meaning
194
The marks validity to be judged as of the date of its adoption
195
CHAPTER IV
196
Trademark in title of periodical
198
Play titles as trademarks
202
Infringement of book titles and play titles by motion picture titles
204
CHAPTER V
206
Laches and acquiescence distinguished
208
Acquiescence
209
Caution notices to infringers as evidence of acquiescence
210
CHAPTER VI
218
In particular cases
221
As a subject of sale
225
Goodwill subject to proceedings in eminent domain
229
Rights of vendor
230
Right of vendee to reassign
233
The valuation of goodwill
238
Competition between vendor and vendee
239
Partnership goodwill
243
SECTION PAGE 105 Remedies
246
Breach of covenant not to reengage
247
Remedy as to infringement of tradenames identified with good will
252
CHAPTER VII
253
Protection in equity
255
Trademarks on products of secret processes 265a
265
Actions and defenses 265b
265
The right of privacy
267
CHAPTER VIII
279
The engraver or manufacturer of the label 298a
298
Of counterfeiting trademarks
299
Colorable imitation
300
The degree of rescublance which constitutes infringement
302
The degree of care expected of the purchaser
303
Infringement must be by use on same class of goods
308
The value of proof of fraudulent intent 311a
311
The manner of establishing fraudulent intent 311b
311
Infringing by refilling trademarked packages
313
Packages distinguished from their contents
315
Infringement hy applying a manufacturers trademark to goods of his to which he does not intend its application 315a
315
Substitution
316
The use of misleading signs and circulars
318
Infringement by a nonidentical word or mark
320
Patent office rulings on similarity of alleged conflicting marks
336
The use of letters and numerals
338
The judicial test of infringement
342
Restraint of use of misleading advertisements and the like
347
Infringement in another jurisdiction
348
Trademarks of variable sound and pronunciation
349
The effect of a plurality of marks for a single article
350
Confusion of mail matter as test of the right to injunction
352
Hotel restaurant and theater names and rights created thereby
354
Artistic productions as subjects of unfair competition
356
Trade rights in patentable but unpatented articles 357a
357
The right to imitate 357b 152 The use of machine manufacturers name in sale of repair parts 357b
357
Solicitation of customers by former employee
358
Inciting breach of contract as unfair competition
362
News as the subject of unfair competition
365
Appropriation of blind advertising as unfair competition
366
The appropriation of ideas aside from patent trademark or copyright as unfair competition
367
Threats as unfair competition 371b
371
Private actions for damages under the federal antitrust acts
374
159a What is competitive business?
376
CHAPTER IX
378
The power of congress to protect trademarks
379
The advantages of registration
384
The disadvantages of registration 336
386
Interferences
388
The preliminary statement
389
CHAPTER X
391
Jurisdiction of the state courts
395
Jurisdiction of the Federal Trade Commission
396
The elements whereon jurisdiction must be predicated
398
SECTION PAGE 175 The parties plaintiff
399
The parties defendant
402
Forms of action
405
CHAPTER XI
407
Criminal liability at common law
408
The penal statutes of the several states
409
CHAPTER XII
410
The declaration
411
Defenses
415
Damages
417
CHAPTER XIII
422
The bill in equity
424
Presenting the defenses
430
The answer
431
Particulars
432
Scandal and impertinence
433
The defenses in equity
434
The relief in equity
451
The decree in unfair competition cases as to the accounting
459
Forbidding publication of the decree 459b 195 Restraining misrepresentations concerning the decree 459b 196 Punitive damages in equity 459b
459
Increase of damages in equity
460
Label designing as a judicial function
461
Appeals
463
Certiorari
464
CHAPTER XIV
466
Successive changes approach to plaintiffs dress
470
SECTION PAGE
471
The taking of testimony
477
Effect of former adjudication
488
A Trademark Act of July 8 1870 Annotated
499
Office Rules and Form relative thereto
513
Trademark Act of August 14 1876 Annotated
528
E Trademark Act of February 20 1905 Annotated Patent Office
549
Trademark statutes of the states and territories Annotated
620
G Canadian Trademark and Design Act with rules and forms
807
H Bills of complaint and answers Judicially approved
827
Forms of injunctionInterlocutory and final decrees
876
J Classification of registered trademarks
882
Federal Trade Commission Act rules of the commission
897
False Stamping Act of June 13 1906 Ch 3289 34 Stat L 260
919
Derechos de autor

Términos y frases comunes

Pasajes populares

Página 887 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.
Página 890 - That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented...
Página 887 - That for the purposes of this Act the commission, or its duly authorized -agent or agents, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any corporation being investigated or proceeded against; and the commission shall have power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation.
Página 581 - That no mark which consists merely in the name of an individual, firm, corporation, or association not written, printed, impressed, or woven in some particular or distinctive manner, or in association with a portrait of the individual...
Página 885 - That the commission shall also have power — (a) To gather and compile information concerning, and to investigate from time to time the organization, business, conduct, practices, and management of any corporation engaged in commerce, excepting banks and common carriers subject to the Act to regulate commerce, and its relation to other corporations and to individuals, associations, and partnerships.
Página 578 - An Act to authorize the registration of trade-marks used in commerce with foreign nations or among the several States or with Indian tribes, and to protect the same...
Página 571 - ... to be recorded in books which shall be kept for this purpose in the Department of the Treasury, under such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the Department facsimiles of his name, the name of the locality in which his goods are manufactured, or of his registered trade-mark; and thereupon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of customs.
Página 890 - That nothing herein contained shall prevent discrimination in price between purchasers of commodities on account of differences in the grade, quality, or quantity of the commodity sold, or that makes only due allowance for difference in the cost of selling or transportation, or discrimination in price in the same or different communities made in good faith to meet competition...
Página 380 - It shall be the duty of all patentees, and their assigns and legal representatives, and of all persons making or vending any patented article for or under them, to give sufficient notice to the public that the same is patented ; either by fixing thereon the word
Página 369 - That the labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof,...

Información bibliográfica