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· 6/11/1910

Ætna Mill & Elevator Co. v. Kramer Milling Co.

Citations

  • 82 Kan. 679
  • 109 P. 692
  • 1910 Kan. LEXIS 322

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Trade-marks — Eight to Use of One’s Own Name. A person will not be prohibited from using his own name upon marks or brands placed upon articles of his own manufacture merely because it has first been rightfully used by another, who has established the reputation of, and built up trade in, like articles by the use of the same name in a trade-mark, sign or label thereon; but such person will not be permitted -by any artifice or device, or otherwise, to induce the belief of customers or others desiring to purchase that the articles so marked are the products of the other.</p>

Judges: Benson

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