Gannett v. Ruppert

Citations

• 119 F. 221
• 1902 U.S. App. LEXIS 5261

Syllabus

<p>1. Tbade-Names—Title of Pebiodioal—Right to Protection against Infringement.</p> <p>The publisher of a periodical has a property right in its name which a court of equity will protect against infringement by the use by another of such name, either alone or with other words, as the name of a similar publication, whenever damages are caused by such use; but it is essential to the right to relief that the adoption of the name by defendant should have been with intent to deceive, or that its use by him is calculated to deceive persons of ordinary intelligence and care, and thereby cause injury to complainant.</p> <p>2. Same—Periodicals not Competing.</p> <p>Complainant published in Maine a periodical under the name of “Comfort,” which circulated chiefly in country districts, and contained stories and advertisements of concerns desiring to reach that class of readers. Eater defendant started a periodical which he named “Home Comfort.” It was published in New York, and treated of the care and hygiene of infants, and its advertising matter was largely of a different character from that of complainant’s publication. The two publications were different in size, appearance, and price, and there was no evidence of any intention on the part of defendant to deceive either purchasers or advertisers. Held, that the two publications were not in fact competitors, and that complainant was not entitled to an injunction restraining defendant from using the word “Comfort” in the name of his paper, in the absence of proof that deception or confusion actually resulted to his injury.</p>