The Law of Unfair Competition And Trade Marks With Chapters On Good Will Trade

Cover The Law of Unfair Competition And Trade Marks With Chapters On Good Will Trade
The Law of Unfair Competition And Trade Marks With Chapters On Good Will Trade
Harry D Harry Dwight Nims
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Joinder of Causes of Action. — Causes of action for in- fringement of trade-mark, and for unfair competition (as by im- itating labels), may be joined.^ In the United States courts the bill may join causes of action for infringement of patent and for unfair competition, where they are based upon the same acts and transactions, ^ but not where ' Jewish Colonization Assn. V. Sol- allegations of infringement with aver- omon & Germanski, 125 Fed. 994. Ments of unfair competition. Indeed, G. Heilema...n Brewing Co. V. Inde- he could not well state his case other- pendent Brewing Co. , 191 Fed. 489, wise. There can be no objection, C. C. A. 9th Cir. (1911). "A suit therefore, to joining the two causes of for unfair competition may be main- suit in one complaint, and it is true tained where there is no lawful also that he might succeed in one trade-mark involved, which con- cause alone and fail in the other. By sists essentially in palming the goods fair intendment the complaint in the of one manufacturer or vendor off for present cause combines both elements the goods of another.

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