The Law of Trademarks Tradenames And Unfair Competition Including Trade Secre
The Law of Trademarks Tradenames And Unfair Competition Including Trade Secre
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Y. Fed. Rep. 872-876. 24, 31 N. E. Rep. 990.
66 § 33] WHAT CONSTITUTES A VALID TRADEMARK. 67 § 33. A dishonest label will invalidate. — We find that where a distiller mixed nearly thirty-six per cent, of other whiskies with his own brand, and sold the blend under a label formerly used upon whisky of his own dis- tillation, with cautions to avoid imitations and asserting that the mixture was "bottled at the distillery warehouse and is warranted perfectly pure and unadulterated, " an injunction w...as refused because of this misrepresentation. This decision, whose tendency is more far-reaching than that of Manhattan Medicine Co. V. Wood, ^ seems on the reading of the facts to impose a hardship on the owners of the mark, Jas. E. Pepper & Co. The interest of the complainant was derived under a contract with that firm giving him the entire control of their trade in bottled whisky. The proof showed that up to and including the 3^ear 1891 the Pepper Company bottled nothing un- der the gold trade label partially described above used by them but "Old Pepper" whisky distilled by them, but that after November, 1891, the demand for the dis- tillery bottling became so great that they could not sup- ply it with the output of their own distillery and therefore bought other whiskies shown to be more expensive, older and made by the same formula as their own, and blended these whiskies with their own, and bottled the resulting blend under the same label and trademark.
What to read after The Law of Trademarks Tradenames And Unfair Competition Including Trade Secre?
You can find similar books in the "Read Also" column, or choose other free books by James Love Hopkins to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Y. Fed. Rep. 872-876. 24, 31 N. E. Rep. 990.
66 § 33] WHAT CONSTITUTES A VALID TRADEMARK. 67 § 33. A dishonest label will invalidate. — We find that where a distiller mixed nearly thirty-six per cent, of other whiskies with his own brand, and sold the blend under a label formerly used upon whisky of his own dis- tillation, with cautions to avoid imitations and asserting that the mixture was "bottled at the distillery warehouse and is warranted perfectly pure and unadulterated, " an injunction w...as refused because of this misrepresentation. This decision, whose tendency is more far-reaching than that of Manhattan Medicine Co. V. Wood, ^ seems on the reading of the facts to impose a hardship on the owners of the mark, Jas. E. Pepper & Co. The interest of the complainant was derived under a contract with that firm giving him the entire control of their trade in bottled whisky. The proof showed that up to and including the 3^ear 1891 the Pepper Company bottled nothing un- der the gold trade label partially described above used by them but "Old Pepper" whisky distilled by them, but that after November, 1891, the demand for the dis- tillery bottling became so great that they could not sup- ply it with the output of their own distillery and therefore bought other whiskies shown to be more expensive, older and made by the same formula as their own, and blended these whiskies with their own, and bottled the resulting blend under the same label and trademark.
What to read after The Law of Trademarks Tradenames And Unfair Competition Including Trade Secre?
You can find similar books in the "Read Also" column, or choose other free books by James Love Hopkins to read onlineMoreLess
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