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" In the ordinary case of parties competing under the same mark in the same market, it is correct to say that prior appropriation settles the question. But where two parties independently are employing the same mark upon goods of the same class, but in... "
Cases on Trade Regulation: Selected from Decisions of English and American ... - Page 420
by Herman Oliphant - 1923 - 1078 pages
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1918 - 476 pages
...where we said : In the ordinary case of parties competing under the same mark in the same market, it is correct to say that prior appropriation settles the...question. But where two parties independently are emlpoying the same mark upon goods of the same class, but in separate markets wholly remote the one...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1919 - 464 pages
...say that prior appropriation settles the question. But where two parties independently are emipoyiug the same mark upon goods of the same class, but in...appropriation is legally insignificant, unless at least it appear that the second adopter has selected the mark with some design inimical to the interests of...
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Decisions of the Commissioner of Patents and of the United ..., Volume 916

United States. Patent Office - Copyright - 1916 - 364 pages
...Trade-Marks, 6, 7, 8; Ownership; Unfair Competition. EXTENT OF MAKKKT. — Where two parties independeatly are employing the same mark upon goods of the same class, but in separate markets wholly remote from one another, the question of priority of adoption of the mark is legally insignificant unless...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 240

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Law reports, digests, etc - 1916 - 812 pages
...cases decided. In the ordinary case of parties competing under the same mark in the same market, it is correct to say that prior appropriation settles the...appropriation is legally insignificant, unless at least it appear that the second adopter has selected the mark with some design inimical to the interests of...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 240

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Law reports, digests, etc - 1916 - 810 pages
...cases decided. In the ordinary case of parties competing under the same mark in the same market, it is correct to say that prior appropriation settles the...appropriation is legally insignificant, unless at least it appear that the second adopter has selected the mark with some design inimical to the interests of...
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The Law of Unfair Competition and Trade-marks: With Chapters on Good-will ...

Harry Dwight Nims - Competition, Unfair - 1917 - 968 pages
...is presented. On this point the Supreme Court in Hanover Star Milling Co. v. Metcalf (supra) said: "But where two parties independently are employing...same class, but in separate markets wholly remote from each the one from the other, the question of prior appropriation is legally insignificant, unless...
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Decisions of the Commissioner of Patents and of the United ..., Volume 916

United States. Patent Office - Copyright - 1917 - 366 pages
...Opposition to Registration of Trade-Marks, 6, 7, 8; Ownership; Unfair Competition. EXTENT OF MARKET. — Where two parties independently are employing the...same class, but in separate markets wholly remote from one another, the question of priority of adoption of the mark is legally insignificant unless...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1918 - 756 pages
...when he said: "In the ordinary case of parties competing under the same mark In the same market, It Is correct to say that prior appropriation settles the...prior appropriation Is legally Insignificant, unless a£ least it appears that the second adopter has selected the mark with some design Inimical to the...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 248

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1919 - 754 pages
...the other, the question of prior appropriation is legally insignificant, unless at least it appear that the second adopter has selected the mark with...some design inimical to the interests of the first xuser, such as to take the benefit of the reputation of his goods, to forestall the extension of his...
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The Canada Law Journal, Volume 56

Law - 1920 - 446 pages
...cases decided. In the ordinary case of parties competing under the same mark in the same market, it is correct to say that prior appropriation settles the...appropriation is legally insignificant; unless at least it appear that the second adopter has selected the mark with some design inimical to the interests of...
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