Rice-Stix Dry Goods Co. v. J. A. Scriven Co.

Citations

• 165 F. 639
• 91 C.C.A. 475
• 1908 U.S. App. LEXIS 4802

Syllabus

<p>1. Tbade-Marks and Trade-Names (§ 18*) — Color of Patented Aktiole— Effect of Expiration of Patent.</p> <p>Complainant made and sold men’s drawers under a patent which covered the insertion in the seams of a strip of elastic material, such strip as made by complainant being of knitted fabric made of Egyptian yarn, the natural color of which is yellow or huff, while the body of the garment was white. Complainant was not the first to use buff color in combination with white in such garments. HelO, that on the expiration of the patent complainant not only ceased to have a monopoly in the elastic strip, but that it had no exclusive right to the use of bull-colored material for such strip, whether it was the natural color of the yam or dyed.</p> <p>[Ed. Note. — For other cases, see Trade-Marks and Trade-Names, Cent. • Dig. § 21; Dec. Dig. § 18.*]</p> <p>2. Tbadb-Marks and Trade-Names (8 3*) — Names Subjects of Qwnmisiitp —Descriptive Character of Names.</p> <p>The name “elastic seam,” as applied to drawers having a strip of eiastic material inserted in the seams, is descriptive merely, and cannot he monopolized as a trade-mark.</p> <p>[Ed. Note. — For other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 6; Dec. Dig § 3.*</p> <p>Arbitrary, descriptive, or fictitious character of trade-marks or trade-names, see note to Searle & Ilereth Co. v. Warner, 50 C. C. A. 323.]</p> <p>3. Trade-Marks and Trade-Names (8 11*) — Names Subjects of Ownership —Names of Patented Articles.</p> <p>Where the manufacturer of drawers under a patent designated them by the name “elastic seam,” hv which name they become known to the public, such name became a term descriptive of the garment, and on the expiration of the patent others who thereby acquired the right to make the garment, became also free to designate it by such name.</p> <p>[Ed. Note. — For other cases, see Trade-Marks and Trade-Names, Cent. Dig. 8 15; Dec. Dig. 8 II.* 1</p> <p>4. Patents (§ 129*) — -Names of Patented Article