Greacen v. Bell

Citations

• 115 F. 553
• 1902 U.S. App. LEXIS 4952

Syllabus

<p>Trade-Masks — Transfer of Right to Use — Formation of Partnership.</p> <p>When a trade-mark or trade-name is owned by one who enters Into a partnership with another for the manufacture of the article designated, the title to the trade-mark does not pass to the partnership except by express agreement; nor does an agreement made on retirement of the owner from the firm, that the other partner may continue the manufacture of the article with the trade-mark thereon, conditioned that he will furnish the same to the retiring partner at a fixed price, which is about the cost of manufacture, and will not sell to others at less than a stated advance over such price, give the remaining partner the right to use the trade-mark after he has ceased to comply with the agreement on his part.</p>