Ault & Wiborg Co. v. Cheshire

Citations

• 191 F. 741
• 1909 U.S. App. LEXIS 5986

Syllabus

<p>Team:-Marks and Trade-Names (§ 3s) — Names Subject to Ownership — Descriptive Terms.</p> <p>The name “No Wash Up,” as applied to a preparation for use on printing rollers and lithographing plates to obviate the necessity of washing the same after use is descriptive, and its use by one manufacturer gives him no exclusive right, nor right of action to enjoin its use by another as the name of a different preparation used for the same purpose, where the two are clearly distinguishable by their odor, the shape and appearance of the cans in which they are put up for sale, and by the labels, and there is no attempt by defendant to sell its product as that of complainant.</p> <p>[Ed. Note. — For other cases, see Trade-Marks and Trade-Names, Cent. Dig. §§ 4-7; Dec. Dig. § 3.*</p> <p>Arbitrary, descriptive, or fictitious character of trade-marks and trade-names, see note to Searle & Hereth Co. v. Warner, 50 C. C. A. 323.]</p>