Shaver v. Heller & Merz Co.

Citations

• 108 F. 821
• 65 L.R.A. 878
• 1901 U.S. App. LEXIS 3827

Syllabus

<p>1. Usfair Competition — Injunction Proper Relief.</p> <p>The sale of the goods of one manufacturer or vendor as those of another is unfair competition, -and constitutes a fraud which a court of equity may lawfully prevent by injunction, 1</p> <p>2. Trade-Marks — Geographical and Descriptive Words may not Be.</p> <p>Geographical terms and words descriptive of the character, quality, or places of manufacture or of sale of articles cannot be monopolized as trade-marks.2</p> <p>8. Same — Use of, in Unfair Competition, may be Enjoined.</p> <p>But the use of such geographical or descriptive terms to palm off the goods of one manufacturer or vendor as those of another, and to carry on unfair competition, may he lawfully enjoined by a court of equity to the same extent as the use of any other terms or symbols.</p> <p>■a. Same — Proprietary Interest in, not Essential to Injunction against Use.</p> <p>A proprietary interest in the terms or symbols used to palm off the goods of one manufacturer or vendor as those of another, or to commit any other fraud, is not essential to the maintenance of a suit to enjoin the perpetration of the wrong, but an interest in the good will of the business or in the other property threatened is sufficient.</p> <p>5. “American” — Use of to Create Unfair Competition Enjoined.</p> <p>A manufacturer had applied to certain articles which it made the names “American Ball Blue” and “American Wash Blue” until they became well known to the trade and the public by these names, and commanded a large and lucrative trade. A firm of merchants applied these names to goods of other manufacturers, and offered them for sale under these names for the purpose of diverting complainant’s trade to themselves. Held, the use of these names and of the word “American” therein by the defendants was properly enjoined.</p> <p>6. Unfair Competition — Attaching Names of Fraudulent Dealers will not Excuse.</p> <p>One who offers the goods of one manufacturer under the well-kn