He has no right to appropriate a sign or a symbol, which, from the nature of the fact it is used to signify, others may employ with equal truth, and therefore have an equal right to employ for the same purpose... The Federal Reporter - Page 7541894Full view - About this book
| Samuel Owen - Law - 1849 - 404 pages
...or quality. He has no right to appropriate a sign or symbol which, from the nature of the fact which it is used to signify, others may employ with equal...have an equal right to employ, for the same purpose. Were such an appropriation to be sanctioned by an injunction, the action of a court of equity would... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1872 - 640 pages
...as a trade mark, a sign or symbol, which, from the nature of the fact which it is used to represent, others may employ with equal truth, and therefore...have an equal right to employ, for the same purpose. Farina v. Silvcrlock, 39 Eng. Law and Eq. 514, and Amoskeag Manufac. Co. v. Spear, supra. If those... | |
| Nathan Howard (Jr.) - Civil procedure - 1868 - 658 pages
...which, from the nature of the fact which it is used ' to signify, others may employ with equal trath, and therefore have an equal right to employ for the same purpose." This is one of the positions laid down hy DUER, J., in the elahorate opinion in Amoskcag Manufacturing... | |
| Charles Richards Brown - Law reports, digests, etc - 1871 - 426 pages
...wrongs by which the patrons are unwittingly deviated. The complainant has 110 right to appropriate a sign or symbol which from the nature of the fact it is m .ant to signify, others may emyloy with equal truth for the same purpose. 2 Sumlf. R., 599. Names... | |
| Law - 1871 - 874 pages
...Daly, 7 Bosw. 222 ; Binninger v. Wattles, 28 How. Pr. 206. A party cannot appropriate as a trademark a sign or symbol, which, from the nature of the fact it is intended to represent, others may employ with equal truth, and therefore have an equal right to employ... | |
| United States. Supreme Court - Law reports, digests, etc - 1872 - 1546 pages
...goods, but are only meant to indicate their names or quality. He has no right to appropriate a sign or a symbol, which, from the nature of the fact it is used...have an equal right to employ for the same purpose."* And it is obvious that the same reasons which forbid the exclusive appropriation of generic names or... | |
| Abraham Lansing - Law reports, digests, etc - 1873 - 634 pages
...name or quality. He has no right to appropriate a sign or symbol from the nature of the fact which it is used to signify others may employ with equal...an equal right to employ for the same purpose. It will be seen from the foregoing extracts that a party has the right to be protected in the use of a... | |
| Charles Sidney Whitman - Copyright - 1875 - 814 pages
...goods, but are only meant to indicate their names or quality. He has no right to appropriate a sign or a symbol, which, from the nature of the fact it is used...have an equal right to employ for the same purpose. Vide Wolfe v. Goulard, 18 Howard's Practice Reports, 64; Fctridgev. Wells, 4 Abbott's Practice Reports,... | |
| United States. Patent Office - Copyright - 1876 - 486 pages
...letters, figures, or symbols which, from the nature of the fact they were used to signify, others might employ with equal truth, and therefore have an equal right to employ for the same purpose. (Amoskeag Co. vs. Spear, 2 Saudford's Supreme Court, 599 ; Canal Company vs. Clark, 13 Wallace, 311,... | |
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