Spieker v. Lash

Citations

• 102 Cal. 38
• 36 P. 362

Syllabus

<p>Trademark—Proper Subjects.—Words merely descriptive of the thing manufactured are not the proper subjects of a trademark, but the name of the maker, and every device in the form and contents of a label or wrapper affixed to denote that goods are manufactured, produced, compounded, or sold by him, other than a name, word, or expression denoting that the goods are of some particular class or description, are proper subjects of a trademark.</p> <p>Id.—Assignment of Trademark—Protection of Assignee—Injunction. When the claimant has secured a trademark or name by filing with the secretary of state his claim to the same, and otherwise complying with section 3197 of the Political Code, he may transfer the same, .and the right to the exclusive use thereof, to another, and the property right so transferred will be protected from infringement by injunction.</p> <p>Id. —Improper Use of One’s Own Name.—The improper use of one’s own name may be enjoined, where, for a valuable consideration, he has voluntarily sold a trademark of which his name forms an essential part, and the goodwill of a partnership business in which his own name is the leading and characteristic designation of the firm.</p> <p>Id.—Imitation of Labels—Fraud.—Apart from the infringement of a valid trademark, 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 labels and style, and has done obvious damage to the latter’s business through the unlawful business methods employed, the plaintiff is entitled to relief upon the ground of fraud.</p> <p>Id.—Injunction Restraining Use of Name.—Injunctions may be issued to restrain the use of one’s own name where such use is made with such additions as to intentionally deceive the public, and make them believe he is selling the goods of another.</p> <p>Id.—Manufactube and Sale of Medicinal Pbepabation—Tbadehabk —Goodwill—Injunction.—A plaintiff w