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Trademarks, Tradenames
and Unfair Competition

Including Trade Secrets; Goodwill; Federal Trade Commis-
sion Proceedings; The Federal Trademark Acts; The
Trademark Registration Acts of the States and Ter-
ritories; and the Canadian Trademark and
Design Act Annotated; with Forms of.

Practice and for Registration

Ву

JAMES LOVE HOPKINS

of the St. Louis Bar

FOURTH EDITION

Cincinnati
THE W. H. ANDERSON COMPANY

COPYRIGHT, 1917

BY

THE W. H. ANDERSON COMPANY

COPYRIGHT, 1924

BY

THE W. H. ANDERSON COMPANY

321068

NOTE TO THE FOURTH EDITION

The growth of the subjects dealt with in this book during the years that have passed since the third edition may well be described in the words of the late Chief Justice Fuller: “In the increasing complexities of modern business relations equitable remedies have necessarily and steadily been expanded, and no inflexible rule has been permitted to circumscribe them." (163 U. S. 600.)

This fact is exemplified very strikingly in the development of the doctrine of secondary meaning, to which valuable contributions have been made by the courts of Great Britain and Canada as well as those of the United States. Throughout the entire scope of our treatise the machinery of the law has functioned with very high efficiency.

With the multiplicity of cases decided, a new edition of this treatise is deemed necessary, and is committed to the consideration of the judges and lawyers who have occasion to work in this field. It is submitted in the hope that it will be found useful and that its users will assist its further growth by calling attention to whatever errors and omissions they may find.

THE AUTHOR.

Chemical Building, St. Louis.
September 1, 1924.

INTRODUCING THE THIRD EDITION

With the present revision this book becomes the first American text on the subject to attain a third edition. This fact would have been impossible had it not been for the generous use given the earlier editions by the judges and lawyers of this country, and for the many and kindly suggestions and criticism from my professional brethren which have lightened my labors, all of which I take equal pride and pleasure in here acknowledging.

A quarter of a century has elapsed since I first ventured upon the literature of this division of the law, and engaged in its practice. I trust that these pages may reflect to the reader something of the fascination and charm the subject has ever had for the author.

JAMES LOVE HOPKINS.

Chemical Building, St. Louis.
December 1, 1916.

AUTHOR'S NOTE

(FROM THE SECOND EDITION.)

Froude, in his essay on the Science of History, said, “Opinions alter, manners change, creeds rise and fall, but the moral law is written on the tablets of eternity."

In the law of trademarks is contained the first recognition by the courts of the principle that no man should be permitted to pass off his goods as those of another. Does the fact that this department of our law is of so recent origin import that, in the past, English speaking traders were more honest in their dealings? The answer to that question must be looked for in the pages of history. Even if Napoleon was correct in his assertion that history was “but a fiction agreed upon," it contains the only evidence available for our purpose. Furthermore, Buckle's theory that history, though conflicting as to the character and achievements of individuals, is still harmonious as to the manners of a given period, leads us to believe that the authors to whom we purpose to briefly refer may, for the purpose of our inquiry, be deemed authoritative.

Writing of the conditions existing in England during the Anglo-Saxon period, Hume says “Whatever we may imagine concerning the usual truth and sincerity of men who live in a rude and barbarous state, there is much more falsehood, and even perjury among them, than among civilized nations ; virtue, which is nothing but a more enlarged and more cultivated reason, never flourishes to any degree, nor is founded on steady principles of honour, except where a good education becomes general; and where men are taught the pernicious consequences of vice, treachery and immorality. Even superstition, though more prevalent among ignorant nations, is but a poor supply for the defects in knowledge and education; our European ancestors, who employed every moment the expedient of swearing on extraordinary crosses, and relics, were less honourable in all engagements than their posterity,

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