Griggs, Cooper & Co. v. Erie Preserving Co.

Citations

• 131 F. 359
• 1904 U.S. App. LEXIS 4907

Syllabus

<p>1. Trade-AIabks — Infbingement—Injunction—Jurisdiction.</p> <p>A federal court lias jurisdiction of a suit between citizens of different states to enjoin infringement of a trade-mark, tbougb the actual value of the trade-mark is not alleged, and it is not averred that it will be destroyed by defendant’s unlawful use.</p> <p>2. Same — Assignment—Right Conveyed.</p> <p>An instrument reciting that P. grants, licenses, assigns, and sets over to G. and its successor in business the absolute and exclusive use of certain trade-marks, and all benefits and advantages to be derived therefrom and enjoyed therewith, in and to certain states, such absolute and exclusive use to be held and enjoyed by G. for its own use and behoof, but during such time only as it and its successors shall continue in business, as fully and entirely as it would have been held by P. had this agreement not been made; provided, however, that G. shall not use any label which shall imitate or conflict in color or design with the label used by P.; and provided that the agreement shall not prevent P. or its successors from using such trade-marks in said states, provided it shall not adopt any new label which shall imitate or conflict in color or design with the label of G. — does not give G. a mere license, but assigns the exclusive ownership and good will in the trade-marks, within the specified states, merely reserving to P. certain permissive rights of personal use; and so is sufficient to entitle G. to maintain a suit to enjoin infringement by a third person of the trade-marks in the specified states.</p> <p>3. Same — What Constitutes Infringement.</p> <p>The words “Home Comfort” are an infringement of complainant’s trademark “Home Brand,” used on canned goods, the word “Home” being the essential feature of it.</p>