Perkins v. Apollo Bros.

Citations

• 197 F. 476
• 1912 U.S. Dist. LEXIS 1444

Syllabus

<p>1. Trade-Marks and Trade-Names (§ 93*) — Unlawful Competition — Evidence.</p> <p>Unfair competition in the sale of cigarettes under a similar name-was not established, where the two brands were not offered to the same-market, did not in fact compete, and no decent-ion or attempted deception was-proved, but -it appeared that defendant adopted the name in ignorance of the name previously used by complainant.</p> <p>[Ed. Note. — For other cases, see Trade-Marks and Trade-Names, Cent. Dig. §§ 104-106; Dec. Dig. § 93.*</p> <p>..Unfair competition in use of trade-mark or trade-name, see notes to Seheuer v. Muller, 20 C. C. A. 165; Lare v. Harper & Bros., 30 C. C. A. 376.] _</p> <p>2. Trade-Marks and Trade-Names (§ 59*) — Infringement.</p> <p>Where plaintiff had previously sold Turkish tobacco cigarettes under the name “Nubia,” complainant was entitled to restrain defendant’s use of the word “Nubias” in the sale of similar cigarettes; the names being substantially similar, though the packages were not the same.</p> <p>[Ed. Note. — For other cases, see Trade-Marks and Trade-Names, Cent. Dig. §§ 68-72; Dee. Dig. § 59.*]</p> <p>3. Tradei-Marks and Trade-Names (§ 59*) — Names Available as TradeMarks — Geographical Name.</p> <p>A geographical name may be used as a trade-mark, but a merchant so using it is not entitled to, and cannot acquire, the exclusive right thereto, unless his use of the word has acquired a secondary meaning, in which event he will be entitled to protection.</p> <p>[Ed. Note. — For other cases, see Trade-Marks and Trade-Names, Cent Dig. §§ 68-72; Dec. Dig. § 59.*]</p> <p>4. Trade-Marks and Trade-Names (§ 59*) — Geographical Name — Use— Bight to Protection.</p> <p>Where the word “Nubia,” as applied to cigarettes manufactured in the United States by both the complainant and defendant, did not imply that the cigarettes were made in Nubia or in Turkey, or that they were made out of Nubian tobacco, but rather they were made in the United States from Turkish t