John D. Park & Sons Co. v. Hartman

Citations

• 153 F. 24
• 12 L.R.A.N.S. 135
• 1907 U.S. App. LEXIS 4375

Syllabus

<p>, 1. Monopolies — Contracts in Restraint op Trade — Sale op Article Made-by Secret Process. The i'exemption from the common-law rule against monopoly and restraint of trade, and the provisions of the federal anti-trust act of July 2, 1890 (26 Stat. 209, c. 647 [U. S. Comp. St. 1901, p. 3200]), which .has been extended to contracts affecting the sale and resale, the use or the price of articles made under a patent, or productions covered by a copyright, does not extend also to articles made under a secret process or medicine compounded under a private formula.</p> <p>2. Same — Property Rights — Secret Process or Formula. While the owner of a patent or copyright is protected in his exclusive right by the statute which gives him a monopoly, there is no statute which protects one who makes or vends an article which is made by a secret process or private formula, nor, so long as he keeps his process secret, can he bring himself within the principle of the statute which grants a temporary monopoly in consideration of the full publication of the invention or work.</p> <p>3. Contracts in Restraint of Trade — Sale op Articles Made by Secret Process. The owner of a secret process or formula is not protected by law in his secret, bpt he may protect himself by contract against its disclosure by one to wnomdt is communicated in confidence, or restrict its use by such person, and such contracts are not in restraint of trade because of the character of the property right in the secret which would be destroyed by its disclosure, and because it is not in itself an article of commerce, but such considerations do not apply to contracts for the sale of the manufactured product which do not involve a disclosure of the secret, and such contracts are within the rules against restraint of trade.</p> <p>4. Same. The 'fact that an article of commerce is sold under a trade-name or in a trade dress affords it no exemption from the common-law or statutory rules against restraint of trade.</p