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7. The relative protection given by patents and trademarks...
8. Trademarks distinguished from patents and copyrights..
16
17
17. Trademarks as subject of sale, assignment or bequest...
27b
21. Property right as the basis of the action for unfair competition. 45
22. Unfair competition distinguished from trademark infringement. 47
23. Trade slander and libel ............
53b
34. Priority of appropriation
35. Acquisition of the right to use the name of another...
69
74
xi
39. The cases of false representation in connection with trademarks. 78a
40. Manhattan Medicine Co. v. Wood...
41. The similar cases- -Assignment must be made public in con-
junction with the trademark, when
42. Unauthorized use of words "patent," "patented," or "regis-
tered"
43. Use of such word as a trademark where there has been a patent.
44. The effect of expiration of the patent upon the collocation of
color used in the patented article...
79
89
80
83
86
48. Examples of valid trademarks, fancy, arbitrary or distinctive
words ..
114
49. Generic terms judicially defined
132
50. Marks common to the trade...
134
51. The name given an unpatented invention by the inventor....
136
62.
"Distinctive names," under the Food and Drugs Act (June 30,
1906), Chap. 3915, 34 Stat. at L. 768....
154
63. Systems of licensing and inspection of goods made from a basic
ingredient bearing a trademark..
155
64. The test of "origin or ownership".
157
65. Geographical names
159
66. As employed by sole owner of a natural product and its place
of production
160
67. When geographical names will be protected as trademarks..
68. Geographical names-The underlying principle
69. A false geographical name vitiates trademark..
162
165
70. The right to complain of unfair use of geographical name.....
71. When relief will be granted against fraudulent use of geograph-
166
ical names
167
SECTION.
PAGE
Names of celebrities
72. Proper names as trademark..
73. "Secondary meaning" doctrine applied to proper names.
74.
168
169
170
79. Revocation of license to use one's own name...
.181b
84. The mark's validity to be judged as of the date of its adoption.. 195
CHAPTER IV.
TRADEMARK RIGHTS IN TITLES OF BOOKS, PERIODICALS
AND PLAYS.
85. Trademark in title of a book....
86. Trademark in title of periodical..
87. Play titles as trademarks...
88. Infringement of book titles and play titles by motion picture
titles
CHAPTER V.
196
198
202
204
THE LOSS OF THE RIGHT TO A TRADEMARK'S USE.
92. Caution notices to infringers as evidence of acquiescence..
98. Goodwill in its relation to firm and other names...
105. Remedies
PAGE.
246
106. Breach of covenant not to re-engage.
247
107. Remedy as to infringement of tradenames identified with good-
114. No trademark in form, size, material or color..
280
115.
The early adjudications...
283a
116. Infringement of color..
283b
117. Infringement of size and form-Distinctive dress.
117a. Copying goods-Functional or nonfunctional features..
287
292
128. The degree of care expected of the purchaser....
303
129. Infringement must be by use on same class of goods.
308
130. The value of proof of fraudulent intent..
311a
131. The manner of establishing fraudulent intent.
.311b
132. Infringing by refilling trademarked packages..
133. Packages distinguished from their contents..
134.
135. Infringement hy applying a manufacturer's trademark to goods
of his to which he does not intend its application..
Substitution ..
.315a
316
137.
The use of misleading signs and circulars.
318
138. Infringement by a nonidentical word or mark..
139. Patent office rulings on similarity of alleged conflicting marks.. 336
320
140. Miscellaneous matters relating to infringement..
141. The use of letters and numerals....
142. The judicial test of infringement...
143.
Restraint of use of misleading advertisements and the like..
144. Infringement in another jurisdiction....
145. Trademarks of variable sound and pronunciation...
336
338
342
347
348
349
146. The effect of a plurality of marks for a single article..
147.
350
Confusion of mail matter as test of the right to injunction..... 352
148. Hotel, restaurant and theater names and rights created thereby. 354
149. Artistic productions as subjects of unfair competition..
150. Trade rights in patentable but unpatented articles..
151. "The right to imitate”.....
356
.357a
..357b
152. The use of machine manufacturer's name in sale of repair parts. 357b
153. Solicitation of customers by former employee...
154. Inciting breach of contract as unfair competition.
155. News as the subject of unfair competition...
156. Appropriation of “blind" advertising as unfair competition.... 366
157. The appropriation of ideas. aside from patent, trademark or
358
362
159.
Private actions for damages under the federal anti-trust acts.. 374
159a. What is competitive business?..
376
CHAPTER IX.
REGISTRATION.
160. Introductory
378
161. The invalid registration acts..
162. The power of congress to protect trademarks.
169. The issues in interference, opposition and cancellation pro-
171. Jurisdiction of United States District Courts..
172. Jurisdiction of the state courts...