Buzby v. Davis

Citations

• 150 F. 275
• 80 C.C.A. 163
• 1906 U.S. App. LEXIS 4541

Syllabus

<p>1. Trade-Mark — Symbol of Keystone Proper and Infringement Actionable.</p> <p>The symbol of the keystone of an arch is susceptible of exclusive appropriation as a trade-mark, and its use by another upon similar products after such adoption and registration by the owner is an infringement of his monopoly and remediable in equity.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 46, Trade-Marks and Trade-Names, §§ 5, 8.]</p> <p>2. Same — Use of Word “Keystone” May Constitute Unfair Competition and be Remediable.</p> <p>Conceding, but not deciding, that the word “Keystone” is a geographical term and not susceptible of monopolization as a trade-mark, yet its use by one manufacturer in his trade-name or on his products to palm them off as those of another may constitute unfair competition and entitle the latter to an injunction and damages.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 46, Trade-Marks and Trade-Names, §§ 81-88.</p> <p>. Unfair competition, see Scheuer v. Muller, 20 C. C. A. 165; Lare v. Harper & Bros., 30 C. O. A. 378.</p> <p>Use of geographical names, see Hoyt v. J. T. Lovett Co., 17 C. C. A. 657; Illinois Watch-Case Co. v. Elgin Nat. Watch Co., 35 C. C. A. 242.]</p> <p>3. Same — Use of Geographical and Descriptive Words may Constitute</p> <p>Unfair Competition.</p> <p>The use of geographical or descriptive terms to palm off the goods of one manufacturer or vendor as those of another may constitute unfair competition and may be lawfully enjoined by a court of equity to the same extent as the uso of any other terms or symbols.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 46, Trade-Marks and Trade-Names, §§ 81-8C.J</p> <p>4. Same — Facts—Conclusion.</p> <p>'A bill contained averments that the complainant made and sold oils and lubricants for 19 years under the name “Keystone Lubricating Company” until his products became known throughout the markets of the world as Keystone oils and lubricants, that after his tra