| Medical and Chirurgical Faculty of the State of Maryland - Medicine - 1896 - 678 pages
...justice of the Supreme Court that "The office of the trade-mark is to point out distinctly the origin of ownership of the article to which it is affixed; or, in other words, to give notice as to who was the producer." These decisions would appear to the lay mind to be sufficiently distinct... | |
| Oliver Lorenzo Barbour - Law reports, digests, etc - 1871 - 756 pages
...element, are not appropriable as trade-marks. 1. To constitute a private trade-mark, it must denote either the origin or ownership of the article to which it is affixed. (Upton on Trade-marks, 86. Amoskeag Manufacturing Co. v. Spear, 2 Sandf. 599. Fetridge v. Wells, 13... | |
| Austin Abbott - Civil procedure - 1872 - 576 pages
...element, are not applicable as trademarks. First. To constitute a private trademark, it must denote either the origin or ownership of the article to which it is affixed (Upton on Trade i/i., 80; Anioskeag Mannf. Co. v. Spear, 2 Sand/., 599; Fetridge v. •Wells, 13 How.... | |
| William Henry Browne - Industrial laws and legislation - 1873 - 720 pages
...repeated a proposition that as a rule has been frequently enunciated, and settled beyond question, viz.: The office of a trade-mark is to point out distinctively...other words, to give notice who was the producer. § 145. The difficulty is this: What does distinctively indicate such origin or ownership ? That question... | |
| Appleton Morgan - Contempt of court - 1875 - 840 pages
...to give a right to the exclusive use of it. The ofSce of a trade-mark is to point distinctively to the origin or ownership of the article to which it is affixed. Marks which only indicate the names or qualities of products cannot become the subjects of exclusive... | |
| Jabez S. Holmes - Law reports, digests, etc - 1877 - 596 pages
...not within the protection of the copyright. The office of a trade-mark is to point distinctively to the origin or ownership of the article to which it is affixed. Where a trade-mark right is invaded, the essence of the wrong consists in the sale of the goods of... | |
| United States. Patent Office - Copyright - 1878 - 466 pages
...name, has very little analogy to that which exists in copyrights or in patents for inventions. * * * The office of a trade-mark is to point out distinctively...producer. This may, in many cases, be done by a name, mark, or a device well known, but not previously applied to the same article." From this it will be... | |
| United States. Patent Office - Copyright - 1879 - 530 pages
...February 2, 187H. (OG, vol. xiii, p. 229.) 1. Wliere a trade-mark lias lost its office of pointing out distinctively the origin or ownership of the article to which it is affixed, and has become a generic term in common use as such, it cannot be readopted by the original owners... | |
| Law reports, digests, etc - 1905 - 1124 pages
...cannot yield to the contention that the numerals alone constitute a trademark. It Is well settled that "the office of a trade-mark is to point out distinctively...other words, to give notice who was the producer. * * * In all cases where rights to the exclusive use of a trade-mark are Invaded, It is Invariably... | |
| Law reports, digests, etc - 1892 - 1912 pages
...Clark, 13 Wall. 311, have been universally approved and confirmed. The learned judge, after saying that "the office of a trade-mark is to point out distinctively...other words, to give notice who was the producer," said : "Where rights to the exclusive use of a trade-mark are invaded, it is invariably held that the... | |
| |