Ubeda v. Zialcita

Citations

• 226 U.S. 452
• 33 S. Ct. 165
• 57 L. Ed. 296
• 1913 U.S. LEXIS 2249

Syllabus

<p>One, whose registered trade-mark is manifestly an imitation of an earlier but unregistered trade-mark, cannot restrain a third party from using it.</p> <p>The Philippine Trade-mark Act expressly denies the right of one fraudulently using a trade-mark to recover.</p> <p>Section 13 of the Treaty with Spain of 1898, protecting industrial property in the ceded territory, will not be construed as contravening principles of morality and fairness and as protecting a trade-mark fraudulently registered prior to the treaty.</p> <p>A statute which introduces no new rule is not retrospective.</p> <p>Even if a trade-mark be not registered, if it be well known, it is an imposition on the public to use an imitation of it. -</p> <p>Even if a statute makes a certificate of trade-mark conclusive, it must be taken subject to the general principle of law embodied in the statute to the effect that' trade-marks fraudulently adopted are not protected.</p> <p>Where.it does not clearly appear to the contrary, this court will assume that the same principles of honesty and fairness prevail in Spain as in our own law.</p>