Schmidt v. Brieg

Citations

• 100 Cal. 672
• 22 L.R.A. 790
• 35 P. 623
• 1893 Cal. LEXIS 848

Syllabus

<p>Trademarks—Words of Description.—Words which are merely descriptive of the character, quality, or composition of an article cannot be monopolized as a trademark.</p> <p>Id.—“Sarsaparilla and Iron.”—The words “Sarsaparilla and Iron” are generic terms, used for the purpose of indicating not so much the origin, manufacture, or ownership of the beverage, as the quality of the article itself, and are not the proper subjects of exclusive use as a trademark.</p> <p>.Id. —Fraudulent Imitation of Labels—Injunction.—Independent of the validity of trademarks, a competing business firm is bound to deal fairly in placing its rival article upon the market; and, if it clearly appears that the defendant has closely imitated the plaintiff’s label and style, and has done obvious damage to his business through unlawful business ■methods employed, the plaintiff is entitled to relief upon the ground of .fraud, and may enjoin such imitation.</p> <p>Id.—Duty of Trader.—Ho trader can adopt a trademark so resembling that of another trader, as that ordinary purchasers buying with ordinary caution are likely to be misled.</p> <p>Id.—Laches of Plaintiff—Objection Upon Appeal for First Time.— The question of the laches of the plaintiff, because of delay in commencing the action, should be raised in the court below, and ought not to be presented upon an appeal for the first time.</p> <p>Id.—Doctrine of Trusts Inapplicable.—The doctrine of laches as applied to claimants in the matters of trusts, does not apply with full force to cases of infringement of trademarks or labels; and where the action was commenced about two years after plaintiff discovered the infringement, and the record shows that the plaintiff had, prior to the bringing of this action, brought suit against other infringers, and that the defendants had notice of the prior litigation, and had changed the color of their label on account of a decision in the court below, the plea of laches is • not supported by the facts.</p> <p>Id.