E. T. Fraim Lock Co. v. Shimer

Citations

• 43 Pa. Super. 221
• 1910 Pa. Super. LEXIS 34

Syllabus

<p>Trade-marks — Equity—Answer—Discontinuance of use of mark.</p> <p>1. The mere fact that the defendant in a trade-mark bill had no knowledge of the plaintiff’s prior appropriation of the trade-mark and that he discontinued the use thereof as soon as he had been notified of the prior appropriation, is not ground for refusing an injunction or dismissing the bill, where the defendant in his answer denies the right of the plaintiff to the exclusive use of the mark, and in no way intimates that he himself will not resume its use in the future.</p> <p>Trade-marks — Registration—Conclusiveness of certificate — Act of June 20,1901, P. L. 582.</p> <p>2. The certificate of the registration of a trade-mark under the Act of June 20, 1901, P. L. 582, is hot conclusive as to the right of the holder of the certificate to the exclusive use of the trade-mark. The jurisdiction of the courts to determine the validity of the right claimed in the mark, is not divested.</p> <p>Trade-marks — Devices and symbols — Origin and ownership.</p> <p>3. The office of a trade-mark is to point out distinctly the origin or ownership of the article to which it is affixed, and thus to protect the purchaser as well as the vendor; but a name, device or a symbol, although arbitrary and fanciful may, in process of time, come, by association, to point unmistakably to the origin of the article, although not immediately connected with the name of the owner or place of manufacture.</p> <p>4. The design or emblem of a keystone slightly raised over the keyhole of an ordinary padlock may be adopted as a valid technical trademark.</p> <p>Trade-marks — Wrongful use — Penalties under the Act of June 20, 1901, P. L. 582.</p> <p>5. The penalties provided by the Act of June 20, 1901, P. L. 582, for the wrongful use of trade-marks registered under the provisions of the act, may be imposed, although the person making such use of the trade-mark, adopted it prior to its registration without knowledge of the prior adoptio