Apollo Bros. v. Perkins

Citations

• 207 F. 530
• 125 C.C.A. 192
• 1913 U.S. App. LEXIS 1645

Syllabus

<p>1. Teade-Mabks and Tbade-Names (§ 67*)—Nature of Right.</p> <p>Tbe law governing technical trade-marks is but a branch of the law regulating trade competition; the prevention of unfair competition being the desideratum in both.</p> <p>[Ed. Note.—Eor other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 78; Dec. Dig. § 67.*]</p> <p>2. Teade-Maeks and Teade-Names (§ 70*)—Unlawful Competition—Evidence.</p> <p>Unfair competition in the sale of cigarettes under a similar name was not established, where the two brands were not offered in the same market, did not in fact compete, and no deception was attempted; defendant’s package being radically different from plaintiff’s in coloring, printing, and form, so that the one could not be readily mistaken for the other, and defendant’s package could never have been used to deceive customers desiring to purchase cigarettes made by complainant.</p> <p>[Ed. Note.—Eor other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 81; Dec. Dig. § 70.*</p> <p>Unfair competition in use of trade-mark or trade-name, see notes to Scheuer v. Muller, 20 Ü. C. A. 165; Lare v. Harper & Bros., 30 C. C. A. 376.]</p> <p>3. Teade-Maeks and Teade-Names (§ 3*)—Requisites.</p> <p>A name, in order to constitute a valid trade-mark, must point distinctly to the origin or ownership of the commercial article to which it is attached, either in meaning or by association, and must be of such a nature as to permit of exclusive appropriation by one person.</p> <p>[Ed. Note.—Eor other cases, see Trade-Marks and Trade-Names, Cent. Dig. §§ 4-7; Dec. Dig. § 3.*]</p> <p>4. Teade-Maeks and Teade-Names (§ 9*)—Geographical Name—Registration—Exclusive Appbopeiation.</p> <p>Under Trade-Mark Act Feb. 20, 1905, e. 592, § 5, 33 Stat. 725 (U. S. Comp. St. Supp. 1911, p. 1461), denying registration to marks which consist merely of a geographical name or term, the word “Nubia” was not only incapable of official registration as a trade-mark for cigarettes, but could not