Bass, Ratcliff & Gretton, Ltd. v. Feigenspan

Citations

• 96 F. 206
• 1899 U.S. App. LEXIS 3227

Syllabus

<p>1. Trade-Mark — Infringement.</p> <p>Tlie complainant’s trade-mark for pale ale, consisting of an equilateral triangular figure, which as applied, to bottled pale ale is colored red, is infringed by tiie defendant’s mark as applied to pale ale and half-and-half, consisting- of a combination of- a red triangle nearly equilateral, a narrow gold border surrounding and binding it, a monogram composed of the letters C and F in the middle, and some fine scroll ornamentation in each corner.</p> <p>2. Same — Evidence.</p> <p>Courts should not be astute to recognize in favor of a trade-mark in-fringer fine distinctions between different articles of merchandise of the same general nature, and should resolve against the wrongdoer any fair doubt whether the public may or may not be deceived through the application of the spurious symbol; and hence pale ale and half-and-half must, as against an infringer of a trade-mark for the former, be treated as malt liquors substantially similar to each other and belonging to the same class.</p> <p>8. Same — Liability to Deceive.</p> <p>No one who has counterfeited a legitimate trade-mark and applied the spurious symbol in competition with the genuine can avoid the charge of infringement by showing that the false mark has in practice been so accompanied, on labels, capsules or otherwise, by trade-names, designations, descriptions or other accessories, not forming part of it, as to render it unlikely that the public has been deceived. Such a showing, while it may affect the nature or measure of the relief to be granted, cannot defeat a suit for infringement.</p> <p>4. Same — Injunction.</p> <p>He who applies the false mark has no just cause of complaint if he be prevented from further violating the exclusive right of the lawful employer of the genuine symbol, and he should not be allowed, at the peril of the latter, fraudulently to experiment in the use of such false mark with accessories of -varying- character with the double purpose of