Wolf Bros. v. Hamilton-Brown Shoe Co.

Citations

• 165 F. 413
• 91 C.C.A. 363
• 1908 U.S. App. LEXIS 4769

Syllabus

<p>1. Trade-Marks and Trade-Names (§ 3*) — Marks Subjects oe Ownership— Descriptive Names.</p> <p>The term “The American Girl,” used to designate women’s shoes, is a geographical and descriptive, rather than an arbitrary and fanciful, name, and is not the subject of a valid trade-mark.</p> <p>[Ed. Note.- — For other cases, see Trade-Marks and Trade-Names, Gent. Dig. §§ 4-7; Dee. Dig. § 3.*]</p> <p>2. Trade-Marks and Trade-Names (§ 5*) — Marks Subjects oe Ownership- - Numerals.</p> <p>Numerals, used to designate particular styles of shoes, rather than the manufacturer, cannot be made the subject of a trade-mark.</p> <p>[Ed. Note.- — For other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 9; Dec. Dig. § 5.*]</p> <p>8. Trade-Marks and Trade-Names (§ 67*) — Unfair Competition.</p> <p>A manufacturer, which has adopted a name or device not subject to appropriation as a trade-mark to designate its goods, is still protected in its use from unfair competition.</p> <p>[Ed. Note. — For other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 78; Dec. Dig. § 67.*]</p> <p>4. Trade-Marks and Trade-Names (§ 70*) —Unfair Competition — Simulation of Names and Devices.</p> <p>Complainant, a manufacturer of shoes, and its predecessors in business, used the name “The-American GW” to designate a woman’s shoe, and extensively advertised the same, with the phrase “As good ns its name” and the picture of a young woman, it; also used numerals “403,” “404,” etc., to designate different styles. Defendant, a large manufacturer, subsequently commenced the use of the name “The American Lady” for shoes of its make, with the words “with the character of the woman,” using also the picture of a young woman, and designating different styles by the same numbers used by complainant. Held, that the simulation of complainant’s names and devices in so many respects evidenced an intention to deceive purchasers, and constituted unfair competition, against which complainant was entitled to an injunc