Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.

Citations

• 138 U.S. 537
• 11 S. Ct. 396
• 34 L. Ed. 997
• 1891 U.S. LEXIS 2110

Syllabus

<p>An exclusive right to the use of words, letters or symbols, to indicate merely the quality of the goods to which they are affixed, cannot be acquired.</p> <p>If the primary object of a trademark be to indicate origin or ownership, the mere fact that the article has obtained such a wide sale that it has also become indicative of quality, is not of itself sufficient to make it the common property of the trade, and thus debar the owner from protection; but, if the device or signal was not adopted for the purpose of indicating origin, manufacture or ownership, but was placed upon the article to denote class, grade, style or quality, it cannot be upheld as technically a trademark.</p> <p>Unfair and fraudulent competition against the business of another, with intent on the part of the offender to avail himself of the reputation of the other, in ordor to palm off his goods as the goods of the other, would, in a proper case, constitute ground for relief in equity; but the deceitful representation or perfidious dealing must be made out or be clearly inferable from the circumstances.</p> <p>Canal Company v. Clark, 13 Wall. 311, quoted, approved and applied.</p>