 | 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 truth, and therefore have an equal right to employ, for the same purpose. Were such an appropriation to be sanctioned by an injunction, the action... | |
 | 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.... | |
 | 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...equal truth, and therefore have an equal right to employ for the same purpose."* And it is obvious that the same reasons which forbid the exclusive appropriation... | |
 | 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 truth, and, therefore, have an equal right to employ for the same purpose. It will be seen from the foregoing extracts that a party has the right... | |
 | 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...equal truth, and therefore have an equal right to employ for the same purpose. Vide Wolfe v. Goulard, 18 Howard's Practice Reports, 64; Fctridgev. Wells,... | |
 | United States. Circuit Court (4th Circuit) - Admiralty - 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 truth, and therefore have an equal right to employ for the same purpose." This case has been recognized and followed in numerous cases ever since... | |
 | United States. Patent Office - Copyright - 1877 - 678 pages
...deceive or mislead the public. [ JF Imbs, 194. 13. A person 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 trnth, and, therefore, have an equal right to employ for the same purpose. [Pratt and Farmer, 244.... | |
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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... 
