 | Samuel Owen - 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 - 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... | |
 | Joseph S. Bosworth, New York (State). Superior Court (New York) - 1863 - 740 pages
...quality. He has no right to appropriate a sign or symbol which from the nature of the fact it is meant to signify, others may employ with equal truth, and...have an equal right to employ for the same purpose." In Fetridge v. Wells, (4 Abb. 14,) the same learned judge in this court, recognizes the same principle,... | |
 | Nathan Howard (Jr.) - 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... | |
 | 1871 - 874 pages
...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 for the same purpose : Farina v. Silrerlock, 6 De GM & G. 214 ; Auwskeag Manufacturing Co. T. Spear, 2 Sandf. SC 607 ; Perry... | |
 | United States. Supreme Court - 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 - 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...have 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... | |
 | Charles Sidney Whitman - 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. Circuit Court (4th Circuit) - 1877 - 684 pages
...their name or quality. No one can 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." This case has been recognized and followed in numerous cases ever since the decision was rendered in... | |
 | William Wait - 1879 - 1002 pages
...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. Amoskeag Manuf. Co. v. Spear, 2 Sandf. (NY) 599 ; 7 NY Leg. Obs. 301 ; Ferguson \. Davol Mitts, 7 Phil.... | |
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He has no right to appropriate a sign or 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. 
